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.

Criminal facts

On May 30, 201, the Defendant received a summary order of KRW 2.5 million from the Daejeon District Court to a fine for a violation of the Road Traffic Act, and KRW 5 million from the same court on October 23, 2012 to a fine for the same crime, respectively.

On March 5, 2019, at around 23:50, the Defendant driven a D white car with approximately 200 meters alcohol level 0.176% while under the influence of alcohol level 0.176% from the Do in front of the Daejeon Seo-gu B parking lot to the entrance street.

Accordingly, the defendant, who violated the prohibition of drinking driving more than twice, was driving a motor vehicle in a drunken state.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Arrest report, report on the circumstantial statement of a drinking driver, circumstantial report of a drinking driver, notification of the results of the crackdown on drinking alcohol, inquiry into the results thereof, and the register of driver's licenses;

1. On-site of the case and photographs of taking a drinking level;

1. Previous convictions indicated in judgment: Criminal records, investigation reports (Attachment of the same summary order), and application of a copy of each summary order under statutes;

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the choice of punishment, and the choice of imprisonment;

1. Article 62(1) of the Criminal Act on the stay of execution (hereinafter “the grounds for a suspended sentence”), which is favorable to the following reasons:

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

1. The scope of punishment by sentence: Imprisonment for one to three years;

2. Determination of sentence: Imprisonment with prison labor for one year, two years of suspended sentence, 40 hours of compliance driving lecture, and community service work for 80 hours is driving under the influence of alcohol at the same time, even though the defendant had a record of punishment twice or more of drinking driving, and the risk and harm of drinking driving and the seriousness of blood alcohol concentration at the time is very high so that the responsibility for the crime is heavy;

However, the defendant's mistake is often divided, and the defendant moves about 200 meters in the Mour where employees of the company live together and waits for a substitute driver while waiting for a substitute driver.