A defendant shall be punished by imprisonment for one year.

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 January 9, 2017, the Defendant was a person who received a summary order of a fine of KRW 1.5 million from the Daejeon District Court to a fine of KRW 1.5 million for a violation of the Road Traffic Act.

【Criminal Facts】

On December 2, 2019, at around 22:58, the Defendant driven a D vehicle under the influence of alcohol level of about 0.123% from the 1km section from the front of the Daejeon Dong-gu, Daejeon to the front of the same Gu C, to the same Gu C.

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

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the crackdown on drinking driving, and the circumstantial statement of a drinking driver;

1. Previous convictions in judgment: The results of inquiry and the application of Acts and subordinate statutes on investigation reports (verification of the same kind of power);

1. Relevant Articles 148-2 (1) and 44 (1) of the Road Traffic Act, the choice of punishment for the crime, and 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. Although the reason for sentencing under Article 62-2 of the Criminal Act was only one time of driving under the influence of alcohol, the fact that the driving under the influence of alcohol again was conducted, etc. is disadvantageous, but there is no other criminal record other than the above previous record, the age, character and behavior, character and environment, family relationship, motive and consequence of the crime, etc., and the circumstances constituting the condition for sentencing as shown in the argument of this case, shall be determined as per the Disposition, taking into account the following circumstances.