A defendant shall be punished by imprisonment for one year.

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

On January 14, 2014, the Defendant received a summary order of KRW 3 million as a crime of violation of the Road Traffic Act from the Daejeon District Court.

On November 3, 2019, at around 01:40, the Defendant driven a motor vehicle with a low alcohol level of 0.175% while under the influence of alcohol level from around 400 meters to the second floor of the D apartment E-dong underground parking lot in Seo-gu, Daejeon at around 01:40.

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

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. A report on the actual state of the driver;

1. Notification of the results of the drinking driving control, and inquiry into the results of the drinking driving control;

1. Investigation report (verification of the record of punishment twice a suspect's drinking driving and attachment of summary order);

1. Application of Acts and subordinate statutes to criminal records, inquiry reports;

1. Relevant Article of the Act on the Crime, Articles 148-2 (1) and 44 (1) of the Road Traffic Act, the choice of punishment, and the choice of imprisonment;

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

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

1. Sentencing of sentencing under Article 62-2 of the Act on the Order of Community Service and Order to Attend Education, even though the defendant had the record of punishment for drunk driving for about five years, the crime of this case is committed again, this case's drinking level is considerably high, social harm to drinking driving is so great that it is necessary to punish it strictly, and favorable circumstances, such as the defendant's confession, and the defendant's confession, are considered as a favorable condition, such as the defendant's age, character and behavior, environment, background and motive of the crime, means and consequence of the crime, and the circumstances before and after the crime, etc., and all of the sentencing conditions as shown in the records and arguments of this case shall be considered together.

It is so decided as per Disposition for the above reasons.