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 of the final judgment.

Criminal facts

On November 13, 2007, the Defendant was issued a summary order of a fine of three million won by committing a violation of the Road Traffic Act at the Daejeon District Court. On June 17, 2011, the Defendant was sentenced to a suspended sentence of eight months by imprisonment with prison labor for the same crime in the same court.

Nevertheless, on February 10, 2019, the Defendant, without obtaining a driver’s license on February 10, 2019, driven a B gallon-2 car from approximately 2 km to a gallon-only 360-4, Seo-gu, Daejeon, Seo-gu, Seo-gu, Daejeon, in a state of drinking alcohol concentration of 0.092%.

Accordingly, the defendant, who violated the prohibition of drinking driving more than twice, was driving a motor vehicle in a drunken state.

Defendant

Since there is no substantial infringement of the defense right of counsel, the correction was made in line with the purport of the legal text.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the results of the drinking-driving control, inquiry into the results thereof, the circumstantial statement of a drinking-driving driver, the circumstantial report of a drinking-driving driver, the control details, the detailed statement of regulations, the register of driver's licenses;

1. Suppression photographs;

1. For each previous offense in ruling: Criminal records, summary order, and application of a copy of judgment;

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

1. Article 62(1) of the Criminal Act on the stay of execution (hereinafter “the grounds for a suspended sentence”), which is favorable to the following reasons:

1. Reasons for sentencing under Article 62-2 of the Criminal Act for orders to attend lectures and orders to provide community service;

1. The scope of punishment by sentence: Imprisonment for one to three years;

2. Determination of sentence: Imprisonment with prison labor for one year, two years of suspended sentence, 40 hours of compliance driving lecture, and community service work for 160 hours is driving under the influence of alcohol even though the defendant had been punished twice or more, and the risk and harm of drinking driving and the distance of driving at the time is relatively big.

However, the defendant's error is depth.