A defendant shall be punished by imprisonment for a term of one year and two months.

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 November 4, 2008, the defendant was issued a summary order of KRW 1 million for a violation of the Road Traffic Act at the Daejeon District Court on December 4, 2008 and confirmed on December 4, 2008. On October 13, 2009, the Busan District Court issued a summary order of KRW 1.5 million for a violation of the Road Traffic Act at the Busan District Court's Dong Branch branch (Djuk Driving) and confirmed on October 31, 2009.

【Criminal Facts】

On December 8, 2019, the Defendant was under the influence of alcohol of 0.092% in blood alcohol concentration at around 22:20, the Defendant driven from the front road of the Daejeon Taedong-ro, Daejeon, the “Bero-gu,” which is located in the name of 65%, to the roads adjacent to the same Gu Nero-dong.

Accordingly, the Defendant violated the prohibition of driving under the influence of alcohol not less than twice.

Defendant

Since there is no concern about infringement of the right of defense of the counsel, the criminal facts should be corrected by adding the purpose to clarify it in accordance with the law.

Summary of Evidence

1. Defendant's legal statement;

1. Control note, report on the circumstances of a drinking driver, report on the circumstances of a drinking driver, notification of the results of the drinking control, and inquiry into the results of the fact;

1. The register of driver's licenses for tea and cars;

1. Previous convictions indicated in judgment: Criminal records, investigation reports (prior records and confirmations on three-time driving), and application of Acts and subordinate statutes governing summary orders;

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 imprisonment;

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

1. In light of Article 62(1) of the Criminal Code of the Suspension of Execution, the responsibility for the crime is very large, the mistake is unfolded in depth, the degree of blood alcohol concentration at the time is very high, the accident did not occur, the final criminal record and the interval between the defendant and the last criminal record of the drunk driving is relatively relatively low, and the defendant is not able to move.