A defendant shall be punished by imprisonment for a term of one year and four months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

[Criminal Power] On April 15, 2010, the Defendant was issued a summary order of KRW 3.5 million for a violation of the Road Traffic Act (driving) at the Seosan Branch of the Daejeon District Court on April 15, 2010. On February 12, 2016, the Seoul Central District Court issued a summary order of KRW 5 million for a violation of the Road Traffic Act (driving).

【Criminal Facts】

On November 15, 2019, at around 00:50, the Defendant driven a car to see E in the state of alcohol alcohol concentration of approximately 0.113% from approximately 90 meters to the front road of the “D” restaurant located in Chungcheongnam-si, Chungcheongnam-si, Chungcheongnam-si, Chungcheongnam-si.

Accordingly, the defendant violated the prohibition of drinking driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control of drinking driving;

1. Application of Acts and subordinate statutes to criminal records, etc., investigation reports, and investigation reports (verification of the same type of power);

1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1) and 44 (1) of the Road Traffic Act which choose the penalty;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. Taking into account the defendant's like military records, the degree of reading, control circumstances, etc. for the reason of sentencing under Article 62-2 of the Criminal Act;