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

【Criminal Power】 On May 25, 2007, the Defendant was issued a summary order of KRW 1 million for a crime of violating the Road Traffic Act in the Daejeon District Court’s collegiate mountain support, and a summary order of KRW 1.5 million for a crime of violating the Road Traffic Act at the same court on November 23, 2015, respectively.

【Criminal Facts】 On June 7, 2019, at around 23:35, the Defendant driven a DNA car in the state of alcohol 0.144% of blood alcohol concentration from a section of about 4km from the front side of a restaurant in the middle-gu, Daejeon to the front side of C in the same city, Seo-gu.

Accordingly, the Defendant, who was under the influence of alcohol not less than twice, driven a motor vehicle under the influence of alcohol again.

Summary of Evidence

1. Defendant's legal statement;

1. Making a report on the control of drinking driving;

1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes to investigation reports (the confirmation of the same type of criminal records);

1. Relevant Article of the Act on Criminal Facts and Articles 148-2 (1) 1 and 44 (1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018);

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

1. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act: The fact that the same criminal record becomes two times as the previous criminal record in the judgment, the distance of drunk driving is not short, and circumstances which are favorable to the considerable degree of blood alcohol content: The fact that the defendant supports his children who are living alone, and the punishment is determined as ordered in consideration of all the sentencing conditions shown in the arguments of this case, such as the defendant's age, character and behavior, environment, criminal records, criminal records and circumstances after the crime, etc.