A defendant shall be punished by imprisonment for two years.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Punishment of the crime

【Criminal Power】 On December 29, 2009, the Defendant issued, at the Daejeon District Court, a summary order of KRW 2 million for a crime of violation of the Road Traffic Act; on January 16, 2012, the above court issued a summary order of KRW 3 million for the same crime; and on July 18, 2013, the above court issued a summary order of KRW 5 million for the same crime.

【Criminal Facts】 On March 31, 2020, at around 22:26, the Defendant driven a C-learning car under the influence of alcohol with approximately 1 Km alcohol concentration of about 0.135% from the front road of the G-dong, Daejeon-gu, Daejeon-gu to the front road of the Daejeon-dong.

Accordingly, the defendant violated Article 44 (1) of the Road Traffic Act not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of control and statement of the circumstances of the driver;

1. Notification of the results of the drinking driving control, and inquiry into the results of the drinking driving control;

1. A previous conviction in judgment: An inquiry report, an investigation report (verification of the same kind of power), and application of Acts and subordinate statutes of three copies of a 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 imprisonment;

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. The fact that the blood alcohol level at the time of the crime of sentencing in Article 62-2 of the Criminal Act is considerably high at 0.135%, and the defendant has been sentenced to three times or more due to drinking driving since 2009, and the fact that he/she has been sentenced to a fine, which is disadvantageous to the defendant.

On the other hand, there is a change that the defendant disposes of the vehicle and again does not drive the vehicle, and the defendant has no record of being punished for drinking for about six years since he was sentenced to criminal punishment due to drinking driving in 2013, and the defendant has committed the crime of this case in order to convey the drug to his father who is suffering from ambling.