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

On August 20, 2009, the Defendant received a summary order of KRW 2 million as a fine for a violation of the Road Traffic Act by the Daejeon District Court.

On October 18, 2019, at around 03:25, the Defendant driven D SP car under the influence of alcohol 0.113% of alcohol level at approximately 50 meters from the drinking house around which it is impossible to find out the trade name in Daejeon PPPB, to the front of C.

Accordingly, the defendant violated Article 44 (1) of the Road Traffic Act twice.

Summary of Evidence

1. Defendant's legal statement;

1. 112 Report handling table, report on the circumstances of a drinking driver, investigation report, notification of the results of the crackdown on drinking driving, and inquiry into the records of the crackdown on drinking driving;

1. The inquiry report, investigation report (verification of the same kind of power), and application of summary order statutes;

1. Relevant provisions of Article 148-2 (1) and Article 44 (1) of the Road Traffic Act, the choice of imprisonment for a crime, or 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. The reason for sentencing under Article 62-2 of the Criminal Act of the order to attend a lecture has several times the records of punishment for drunk driving, and again, the driving under the influence of this case was made again, and at the time of the detection of this case, the defendant was under the influence of drinking driving of this case. However, the fact that the defendant's mistake is recognized and reflected, and all of the sentencing conditions shown in the records, such as the defendant's age, character and behavior and environment, shall be determined as per the order.