A defendant shall be punished by imprisonment for a term of one year and four 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 September 18, 2008, the Defendant received a summary order of KRW 1 million for a violation of the Road Traffic Act (driving) from the Seosan Branch of the Daejeon District Court on September 18, 2008. On December 10, 2009, the same court received a summary order of KRW 1 million for a violation of the Road Traffic Act (driving). On April 10, 2013, the same court received a summary order of KRW 7 million for a violation of the Road Traffic Act (driving).

【Criminal Facts】

At around 02:00 on September 22, 2019, the Defendant driven C rocketing car with a blood alcohol content of about 0.093% at a 1km section from the front of the dwelling site B of the Defendant of Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-gun to the front of the 255 Thai-gun, Chungcheongnam-gun, Chungcheongnam-do.

Accordingly, the defendant violated the prohibition of drinking driving twice.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control of drinking driving;

1. Application of Acts and subordinate statutes to criminal records, etc. inquiry reports and investigation reports (a summary order attached to the same type of power);

1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1) and 44 (1) of the Road Traffic Act which choose the penalty;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

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

1. Consideration of the degree of punishment of Article 62-2 of the Criminal Act and the circumstances surrounding the instant order of education, the defendant's identical power, the circumstances after the crime, etc.