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

The Defendant, at the Daejeon District Court on March 16, 2015, issued a summary order of a fine of KRW 5 million for a violation of the Road Traffic Act (driving) and the same court on July 17, 2009, issued a summary order of KRW 2 million as a fine for the same crime, on the other hand, at the Daejeon District Court on March 16, 2015.

On April 7, 2019, at around 21:25, the Defendant driven a Funst graphic vehicle under the influence of alcohol leveling 0.164% from a section of approximately 200 meters to the front road of the E elementary school located in D at approximately 21:30 on the same day.

As a result, the defendant has driven a motor vehicle under the influence of alcohol even though he has violated the Road Traffic Act more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statements of a drinking driver and report on the control of drinking driving;

1. Previous records of judgment: Application of criminal records, inquiry reports, investigation reports (where the records are attached to the same type of crime records, etc.);

1. Relevant Article of the Act on Criminal Facts and Article 148-2 (1) 1 of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018) that select the penalty for a crime;

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

1. The reason for sentencing under Article 62-2 of the Criminal Act (unfavorable circumstances) of the Act on the Punishment of Probation, Order to attend a lecture, or Order to provide community service order requires a strict punishment for a crime that is likely to inflict harm on the life, body, or property of a deceased person as well as the driver.

Although the Defendant was sentenced to a punishment for the same kind of crime in the past, he again commits the crime in this case, and the responsibility for the crime in this case is heavy.

【Pried circumstances】 The Defendant recognized the instant crime.

In addition, comprehensively taking into account all the factors of sentencing as shown in the trial process of this case, such as the defendant's age, reputation, health status, environment and family relationship, etc., the sentence shall be determined as ordered.