A defendant shall be punished by imprisonment for not less than eight months.

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

Criminal facts

On December 4, 2015, the Defendant was sentenced to a fine of 1.5 million won for a violation of the Road Traffic Act at the Daejeon District Court on December 4, 2015, and was sentenced to a fine of 2 million won for the same crime in the same court on August 30, 2017.

On May 4, 2019, at around 07:10, the Defendant driven an E Uid vehicle while under the influence of alcohol content of about 0.076% in a section of about 50 meters from around the Seo-gu Daejeon to the front of the detached house located in Seo-gu Daejeon, Seo-gu.

As a result, the defendant was punished twice or more due to drinking driving and was driving a motor vehicle under the influence of alcohol again.

Defendant

Since there is no substantial infringement of the right of defense of the counsel, the criminal facts are revised in accordance with the purport of the legal text.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Investigation report on the actual condition, report on the results of the control of drinking driving, report on the detection of drinking drivers, report on the circumstantial statement and report on the circumstances of drinking drivers;

1. Driver's license register, vehicle registration certificate, and insurance coverage certificate;

1. On-site and photographs of drinking;

1. Previous convictions indicated in judgment: Criminal records, investigation reports, and application of summary order statutes;

1. Article 148-2(1)1 and Article 44(1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018); the choice of imprisonment for a crime;

1. Mitigation of discretionary work and mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (Considering circumstances in which the defendant repents his error in depth in depth);

1. The crime of this case under Article 62(1) of the Act on the Suspension of Execution is driven under the influence of alcohol not less than twice in the absence of alcohol driving skills. In light of the risk of drunk driving and the seriousness of harm, the responsibility for the crime is very unreasonable. However, there are some circumstances to consider the situation of this case while the defendant moved and parked 50 meters in the alleyway, and the blood alcohol concentration is very high.