A defendant shall be punished by imprisonment for not less than one year and six months.

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 March 20, 2014, the Defendant was issued a summary order of KRW 3 million as a crime of violation of the Road Traffic Act by the Daejeon District Court.

On October 24, 2019, at around 22:05, the Defendant driven B cruise car from the Hancheon-ro 1566-ro 29, Daejeon, Daejeon, while under the influence of alcohol of 0.110% of blood alcohol concentration.

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

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition survey report;

1. A report on detection of a host driver;

1. The circumstantial statement of the employee;

1. Previous conviction: Application of a summary order and the results of inquiry, and Acts and subordinate statutes;

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. Grounds for sentencing under Article 62-2 of the Criminal Act and Article 59 of the Act on Probation, etc.;

A. Unfavorable condition: The Defendant again committed the instant crime even though he was punished twice including the previous convictions of all the judgment that was held as a drunk driving, and the blood alcohol concentration was high, and the Defendant eventually caused a traffic accident during a drunk driving.

(b) favorable conditions: The defendant's acknowledgement of the crime of this case and reflects his mistake, and there is no record of punishment exceeding the fine;

C. The Defendant’s punishment was determined in consideration of the Defendant’s age, character and conduct, environment, circumstances before and after the commission of the crime, and other various sentencing conditions specified in Article 51 of the Criminal Act.