A defendant shall be punished by imprisonment for a term of one year and two 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 September 9, 2008, the Defendant was sentenced to a summary order of a fine of two million won for the crime of violating the Road Traffic Act at the Daejeon District Court, and on June 14, 201, the Defendant was sentenced to imprisonment for six months, a suspended sentence of one year, a probation, and a community service order for the same crime at the same court.

On August 28, 2019, the Defendant was under the influence of alcohol level of 0.09% on blood alcohol level around 22:55 on August 28, 2019, and the Defendant driven 500m ebbane from the Seo-gu Daejeon apartment parking lot to D in Seo-gu, Daejeon.

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

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the results of the drinking driving control, inquiry into the results of the drinking driving control, the circumstantial statement of a drinking driver, the circumstantial report of a drinking driver, and the next inquiry;

1. Previous records of judgment: Criminal records, repeated statements, each summary order, application of court rulings and other Acts and subordinate statutes;

1. Relevant Articles 148-2 (1) and 44 (1) of the Road Traffic Act, the choice of punishment for a crime, and the choice of imprisonment ( Consideration of the fact that there are several same criminal records, including suspended sentence of imprisonment);

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

1. Suspension of execution under Article 62 (1) of the Criminal Act (see, e.g., Article 62 (1) of the Criminal Act (see, e.g., the fact that the risk is relatively insignificant as an erroneous driving, the fact that recognizing the crime and selling otobane and not re-offending it); circumstances exist to consider the circumstances leading to the crime; the same criminal records are previous for a considerable period of time and no other criminal records are available);

1. Order to attend lectures under Article 62-2 of the Criminal Act;