A defendant shall be punished by imprisonment for not less than one year and six months.

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 August 5, 2010, the Defendant was sentenced to a summary order of KRW 2.5 million for a crime of violation of the Road Traffic Act in Seosan Branch of the Daejeon District Court, and on November 18, 201, the Defendant was sentenced to a summary order of KRW 4 million for a crime of violation of the Road Traffic Act (driving) in Seosan Branch of the Daejeon District Court. On May 16, 201, the Defendant was sentenced to one year for a crime of violation of the Road Traffic Act (driving) in Seosan Branch of the Daejeon District Court.

【Criminal Facts】

On July 26, 2019, at around 10:25, the Defendant driven a e-motor vehicle under the influence of alcohol with approximately 5km alcohol concentration of 0.228% from the Do in front of the Chungcheongnam-si, Chungcheongnam-si, Chungcheongnam-si, Chungcheongnam-si, to the roads before the D store located in Chungcheongnam-si, Chungcheongnam-si, Chungcheongnam-si.

Accordingly, the defendant violated the prohibition of drinking driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. A manual for drinking control;

1. Notification of the control of drinking driving;

1. The circumstantial statement of the employee;

1. 112 reported case handling table;

1. Investigation report (related to statements of witnesses);

1. On-site photographs;

1. Previous records of judgment: Criminal records, inquiry reports, investigation reports (verification of criminal records of the same kind as a suspect), judgments, and application of Acts and subordinate statutes governing summary life-sustaining;

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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

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

1. Reasons for sentencing under Article 62-2 of the Criminal Act on probation and order to attend a meeting shall be taken into consideration, as stated in its reasoning, the following factors: (a) the Defendant, while having been sentenced three times to punishment due to drinking driving, etc., once again, has a high alcohol level; (b) the Defendant recognized and reflected the Defendant’s mistake; (c) the Defendant does not reach a traffic accident; and (d) the Defendant has a distance between the final drinking power and the final drinking power; and (d) other favorable conditions of sentencing as shown in the arguments, such as the Defendant’s age, character and behavior, environment, family relationship