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 July 26, 2005, the Defendant received a summary order of KRW 1 million as a fine for a violation of the Road Traffic Act (driving) from the Daejeon District Court on June 30, 2006, KRW 1 million as a fine for the same crime, and KRW 3 million as the same crime in the Chungcheong District Court on January 26, 2017, respectively.

At around 13:00 on April 9, 2020, the Defendant driven a DCoon car under the influence of alcohol concentration of 0.241% in the section of approximately 50m of the road in front of Daejeon Jung-gu apartment Cdong, Daejeon.

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

Summary of Evidence

1. Defendant's legal statement;

1. Reports on the occurrence of a traffic accident, reports on the occurrence of an accident, photographs of the scene of the accident, reports on the circumstantial statements of the drinking driver, investigation reports (report on the circumstances of the drinking driver), and results of the control of drinking driving;

1. Application of Acts and subordinate statutes to criminal records, etc., inquiry reports and investigation reports (proving three times the suspect's drinking record);

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 course is that although the defendant had been punished for drunk driving several times as shown in the judgment of the court, he again leads to driving under the influence of alcohol in this case, the defendant's blood alcohol content at the time of the detection of the case is 0.241%, and the defendant's blood alcohol content at the time of the detection of the case was received to the extent that he will be replaced by the front and the rear vehicles while parked: Provided, That the defendant's mistake is recognized and against his mistake, the distance is 50 meters, and the driving distance is only 50 meters, and all other sentencing conditions indicated in the records are considered