A defendant shall be punished by imprisonment for not less than eight months.

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 November 19, 2013, the Defendant issued a fine of 1.5 million won to a violation of the Road Traffic Act at the Daejeon District Court on November 19, 2013, and the same force has been added twice.

On January 19, 2020, at around 12:52, the Defendant driven a car with a little of about 500 meters section from around the road in front of the area E zone located in the same Gu as the blood alcohol concentration of 0.059% in front of the Daejeon Seo-gu B apartment Cdong parking lot.

Accordingly, the Defendant violated the prohibition of driving under the influence of alcohol not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the statement of the state of drinking drivers, and written report on the results of the control of drinking driving;

1. Report on the occurrence of the case, and report on the internal investigation;

1. Criminal records, etc. inquiry reports, investigation reports (Attachment to a summary order), and application of each summary order statutes;

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; Selection of imprisonment;

1. Articles 52 (1) and 55 (1) 3 of the Criminal Act for mitigation of self-denunciation;

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. The statutory penalty for the instant case on the grounds of sentencing under Article 62-2 of the Criminal Act is two to five years, or a fine of not less than ten million won but not more than twenty million won.

In 2013, in addition to the punishment of a fine of 1.5 million won for a violation of the Road Traffic Act, the defendant has been sentenced to the punishment of a fine of 205 and 2011, respectively, and the punishment of a fine of 700,000 won and 4 million won has been imposed on two occasions or more.

Nevertheless, the defendant is also driving under the influence of alcohol, and even though the defendant has not been subject to other criminal records and has not repeated crimes for seven years after being punished for the last driving under the influence of alcohol, it is basically necessary to bear a serious responsibility for the defendant.

On the other hand, the instant case is considered favorable to the Defendant, such as mitigation of self-denunciation as seen above.