A defendant shall be punished by imprisonment for not less than two years and six months.

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

Punishment of the crime

[Criminal Power] On May 25, 2007, the Defendant was issued a summary order of a fine of three million won for a violation of the Road Traffic Act in the support of the Daejeon District Court on May 25, 2007. On February 17, 2009, the Defendant was sentenced to a suspended sentence of two months for a period of imprisonment for a violation of the Road Traffic Act.

【Criminal Facts】

On November 6, 2019, at around 01:36, the Defendant driven a DNA coo vehicle while under the influence of alcohol 0.164% in the section of about 10km from Asan City to Asan City C.

As a result, the Defendant again driven a motor vehicle while under the influence of alcohol as a person who violated the prohibition on drinking at least once.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the suspect examination of the accused;

1. Report on the statement of the situation of a drinking driver, notification on the results of the drinking driving control, and photographs on the accident site;

1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes to criminal records and investigation reports (report on confirmation of the same kind of power and traffic-related violation records);

1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1) and 44 (1) of the Road Traffic Act (Selection of Imprisonment or Imprisonment);

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

1. Probation and community service order Article 62-2 of the Criminal Act acknowledges and reflects the defendant's wrong reasons for sentencing, and after the accident in this case, they receive treatment of alcohol ozones, etc. after the accident in this case. They want to find the defendant's guidance, and the defendant's age, character and behavior, environment, driving distance, motive, means and consequence of the crime in this case, and other various sentencing conditions stated in the argument in this case shall be determined as ordered by the order, taking into account all of the following factors.