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 November 17, 2016, the Defendant was sentenced to a fine of KRW 8 million for a violation of the Road Traffic Act (driving) in the Changwon District Court’s Smuggling support on November 17, 2016. On June 22, 2015, the Daejeon District Court issued a summary order of KRW 6 million for a violation of the Road Traffic Act (driving).

Although the Defendant had been punished twice or more due to drunk driving, on April 24, 2019, at around 23:50, the Defendant driven a motor vehicle with the highest amount of alcohol level in F, while under the influence of alcohol level of about 0.178% at approximately 40 meters from the front of the "C" located in Daejeon Dong-gu Daejeon to the front of the "Eayang store" located in Daejeon Dong-gu, Daejeon.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. G statements;

1. Statement of a traffic accident (1) (1) (1) report, report on detection of a drinking driver, circumstantial statement of a drinking driver, circumstantial report of a drinking driver, investigation report, inquiry into the circumstances of a drinking driver, inquiry into the results of the regulation of drinking driving, inquiry into the results of the regulation of drinking driving, and management and inquiry into the report;

1. Registers of driver's licenses;

1. Photographss of the accident site, breathem photographs, and CCTV CDs;

1. Previous convictions: Criminal records, investigation reports (report on confirmation of the same kind of records), judgment, and application of a copy of summary order;

1. Article 148-2(1)1 and Article 44(1) of the former Road Traffic Act (Amended by Act No. 15530, Mar. 27, 2018); the choice of imprisonment for a crime;

1. Article 62 (1) of the Criminal Act on the Suspension of Execution (the crime of this case is deemed to have driven while under the influence of alcohol even though the defendant had been punished for two times or more by drinking, considering the danger and degree of harm caused by drinking alcohol, the responsibility for the crime in light of the degree of blood alcohol concentration at the time, the defendant's mistake is very heavy, but there is no record of the crime exceeding the fine, and there is no record of the crime in depth, and circumstances favorable to the defendant, such as the situation in which social relationship is clear, such as the defendant's care and support, etc.

1. Probation;