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 January 13, 2009, the Defendant issued a summary order of KRW 700,000 as a fine for a violation of the Road Traffic Act (driving) at the Daejeon District Court, but on November 10, 2019, around 05:0, the Defendant violated Article 44(1) of the Road Traffic Act by driving a sealed class E while under the influence of alcohol concentration of about 0.100%, from front of the Sejong apartment to the front of the office of licensed real estate agents in Class C, at least twice.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. Reports on traffic accidents, survey report on actual condition, and report on the occurrence of traffic accidents;

1. The circumstantial statement of the employee;

1. Notification of the results of the drinking driving control, and inquiry into the results of the drinking driving control;

1. Investigation report (former and attachment of a summary order) and summary order;

1. Application of Acts and subordinate statutes to criminal records, inquiry reports;

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

1. Sentencing of sentencing under Article 62-2 of the Act on the Order of Community Service and Order to Attend Education, the Defendant committed the instant crime again even though he had the record of punishment for drinking driving in the past, the Defendant committed the instant crime with a significant degree of drinking alcohol measurement, the social harm to drinking driving is so great that it is necessary to punish the Defendant solemnly, and favorable circumstances, such as the Defendant’s confession, and the fact that the Defendant has no other criminal record, except for the Defendant who was punished once, should be taken into account together into account. The Defendant’s age, character and behavior, environment, background, motive and motive of the crime, means and consequence of the crime, and the circumstances before and after the crime, etc., shall be determined as the sentence as the Disposition.

It is so decided as per Disposition for the above reasons.