A defendant shall be punished by imprisonment for a term of one year and three 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

On February 12, 2008, the Defendant was sentenced to a fine of one million won for a violation of the Road Traffic Act (driving) at the Daejeon District Court of Daejeon on November 22, 201, a fine of one million won for a violation of the Road Traffic Act (driving) at the same court on November 22, 2010, and a fine of seven million won for a violation of the Road Traffic Act (driving) at the same court on February 7, 201.

At around 15:40 on August 6, 2020, the Defendant driven a B Sti vehicle with approximately 300 meters of alcohol level 0.126% on the side of Seo-gu Daejeon, Seo-gu, Daejeon to the front of a restaurant located in Seo-gu, Daejeon.

As a result, the Defendant violated the regulations on the prohibition of drunk driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. Investigation report on the actual condition of traffic accidents, notification of the results of the regulation of drinking driving, inquiry into the results of the regulation of drinking driving, circumstantial statement of drinking drivers, and investigation report (report on the circumstances of drinking drivers);

1. Inquiry reports on criminal records, each summary order, and application of Acts and subordinate statutes; and

1. Relevant provisions of Article 148-2 (1) and Article 44 (1) of the Road Traffic Act, the choice of imprisonment for a crime, or the choice of imprisonment;

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

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

1. The reason for sentencing under Article 62-2 of the Criminal Act of the order to attend a lecture lies in the driving of this case again, even though the defendant was punished by a fine of KRW 7 million due to the crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) in 1994 and was sentenced to a suspended sentence of two years, a fine of KRW 2 million due to a refusal to take a drinking test in 2000, a fine of KRW 1 million due to a drunk driving in 2002, a suspended sentence of six months, a fine of KRW 1 million due to a drunk driving in 2008, a fine of KRW 1 million due to a drunk driving in 201, and a fine of KRW 7 million due to a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Dangerous Driving, etc.) in 201. At the time of the instant case, the defendant was found to have been damaged to the extent that the damaged vehicle was damaged.