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

On April 20, 2010, the Defendant received, respectively, a summary order of KRW 1.5 million from the Daejeon District Court to a fine of KRW 1.5 million for a crime of violation of the Road Traffic Act, a fine of KRW 2 million from the same court on February 12, 2015, and a fine of KRW 5 million from the same court on August 22, 2016, respectively.

Criminal facts

On October 29, 2019, at around 23:29, the Defendant driven a B-to-be car under the influence of alcohol level of 0.144% in a section of about 3km from the place where it is impossible to know about the off-dong, Daejeon-gu, Daejeon-gu to the lower end of the Hanmun-gu, Daejeon-gu to approximately 3km.

Summary of Evidence

1. Defendant's legal statement;

1. Details concerning arrest report of the occurrence of the case, report of the situation of the drinking driver, investigation report, notification of the results of the crackdown on drinking driving, inquiry into the results thereof, and management and inquiry of the report on drinking out;

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

1. On-site photographs;

1. Previous convictions indicated in judgment: Investigation report (Attachment of the same attached power), application of summary order Acts and subordinate statutes;

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. Suspension of execution under Article 62 (1) of the Criminal Act (including the circumstances favorable to the defendant, such as the situation in which the responsibility for the crime was extremely heavy, the mistake was unsatisfyed, the accident was not occurred, the spouse and children did not have any criminal record exceeding the fine; the spouse and children were faithfully supported, live in good faith, and the employer’s compensation was satisfyed) in light of the circumstances in which the criminal record of the judgment was committed three times, the degree of blood alcohol concentration at the time was high, and the interval between the last criminal record and the last criminal record was short, etc.;

1. Article 62-2 of the Criminal Act regarding orders to provide community service and attend lectures to prevent recidivism, as the possibility of recidivism exists in light of the criminal records and the degree of blood alcohol concentration, etc.;