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 February 16, 2010, the defendant received a summary order of a fine of KRW 1.5 million for the crime of violating the Road Traffic Act from the Chungcheong District Court's branch on February 16, 2010.

On October 24, 2019, at around 23:05, the Defendant driven a rocketing car under the influence of alcohol with approximately 2 km alcohol concentration of about 0.117% from the 2km section to the front road of the Jung-gu, Seo-gu, Daejeon.

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

Defendant

Since there is no infringement of the right of defense of the counsel, the crime was revised by adding the purpose to comply with the law.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Notification of the results of the drinking driving control, inquiry into the results of the fact, report on the circumstances of the drinking driver, report on the circumstances, and control manual; and

1. Registers of driver's licenses;

1. Previous convictions indicated in judgment: Criminal records, investigation reports (report on the results of confirmation before disposition, previous records and confirmations), and application of Acts and subordinate statutes of summary order;

1. Relevant Articles 148-2 (1) and 44 (1) of the Road Traffic Act, the choice of punishment for the crime, and the choice of punishment;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following favorable circumstances):

1. Suspension of execution under Article 62 (1) of the Criminal Act (In light of the danger and seriousness of harmful effects of sound driving, degree of blood alcohol concentration at the time, distance of operation, etc., the liability for the crime was unsatisfy, and the accident was not committed in depth, and the mistake was not committed. The previous conviction in the above judgment is relatively old, and there was no criminal history exceeding the fine, etc. favorable to the accused, etc.);

1. Article 62-2 of the Criminal Act to provide community service or attend lectures;