A defendant shall be punished by imprisonment for two years.

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

Punishment of the crime

[Criminal Power] On November 12, 2010, the Defendant was sentenced to a suspended sentence of two years in imprisonment with prison labor for a violation of the Road Traffic Act (driving) at the Daejeon District Court’s official branch on November 12, 2010

【Criminal Facts】

On October 13:31, 2019, the Defendant driven a e-car under the influence of alcohol with approximately 2 km alcohol concentration of about 0.159% from the section of about 2 km from the front of the public road in the public road in the public city B to the front of the D cafeteria located in the public road in the public city in the public city.

Accordingly, the Defendant violated the duty of prohibition on driving under the influence of alcohol not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the drinking control, and the statement of the status of a drinking driver;

1. Previous records of judgment: Criminal records, inquiry reports and application of Acts and subordinate statutes to investigation reports (Attachment of criminal records of the same kind as a suspect);

1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1) and 44 (1) of the Road Traffic Act which choose the penalty;

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

1. Reasons for sentencing under Article 62-2 of the Criminal Act on orders to provide community service and attend lectures;

1. The scope of applicable sentences by law: Imprisonment for not less than two years nor more than five years; and

2. Determination of sentence: The sentence shall be determined as per the order, comprehensively taking into account all the factors of sentencing specified in the records and trial process of this case, including two years of imprisonment, three years of suspended sentence, and the age, character and conduct, intelligence and environment, family relationship, motive, means and consequence of the crime, and the circumstances after the crime.

D. Unfavorable circumstances: The fact that a person repeatedly commits the crime of drinking alcohol even though he/she had been sentenced to imprisonment by drinking driving, etc. in 2010, and the fact that he/she repeatedly commits the crime of drinking alcohol concentration is very favorable to the fact that he/she has high blood alcohol concentration