A defendant shall be punished by imprisonment for two years.

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

Punishment of the crime

On November 2, 2006, the defendant was sentenced to a fine of five million won due to the violation of the Road Traffic Act and the violation of the Road Traffic Act in the support of the Daejeon District Court on November 2, 2006.

On August 29, 2019, the Defendant was under the influence of alcohol of 0.126% of blood alcohol concentration around 06:20 on August 29, 2019, and the Defendant driven D Eccoo vehicle from the front side of the GGV apartment complex to about 4 kilometers from the front side of the GGV complex to the front side of the same Gu.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the occurrence of the case;

1. The circumstantial statement of the driver, the investigation report, and the written appraisal of blood alcohol;

1. Records of ruling: Application of criminal records, circular statements, and copies of written judgments to five copies of the decision;

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. Article 62 (1) of the Criminal Act;

1. The crime of this case on the grounds of sentencing under Article 62-2 of the Criminal Act with regard to the order to provide community service and attend lectures is that the defendant, who has a record of drinking driving, re-driving, and the crime is not less than that of the crime, but not less than that of the blood alcohol concentration due to drinking in this case;

In addition, the possibility of criticism is not significant in that the Defendant, who was found to have been punished on five occasions due to drinking driving, etc. (including suspension of execution of sentence and previous convictions) and was engaged in driving under the influence of alcohol in this case without being aware of the fact.

However, the defendant recognized the crime of this case and divided his mistake, and the records of drinking driving of the defendant have passed more than 12 years since the date of the crime of this case, and the defendant's age, character and conduct, environment, motive and circumstance of the crime of this case, means and result, etc., and other circumstances which form the conditions of sentencing as shown in the records, such as the circumstances after the crime, shall be determined as ordered.