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 9, 2006, the defendant issued a summary order of KRW 1.5 million to the Daejeon District Court for the crime of violation of the Road Traffic Act (driving) and on January 3, 2011, the indictment of this case in which a fine of KRW 3 million is stated as the "one million" due to the crime of violation of the Road Traffic Act (driving) at the same court. However, it is obvious that it is a clerical error in the "three million won". Thus, the summary order was issued ex officio.

【Criminal Facts】

On December 18, 2019, the Defendant: (a) driven a Eone Star car under the influence of alcohol content of about 0.153% from the parking lot in Seo-gu Daejeon, Daejeon to the front road of the same Gu from approximately 300 meters to approximately D, while driving the Eone Star car with alcohol content of about 0.153%.

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 circumstantial statement of a drinking driver, inquiry into the results of the control of drinking driving, and notification of the results of the control of drinking driving;

1. Investigation report (report on the circumstances of an immigration driver);

1. Previous convictions indicated in judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes to investigation reports (Attachment to summary orders of the same kind and drinking power as a suspect);

1. Relevant Articles 148-2 (1) and 44 (1) of the Road Traffic Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);

1. The fact that the blood alcohol level at the time of the crime of sentencing under Article 62-2 of the Criminal Act is considerably higher than 0.153%, and the defendant was sentenced to a fine due to the previous drinking driving or the refusal of drinking alcohol measurement, etc. even though he had been sentenced several times, it is disadvantageous to the defendant.

On the other hand, the defendant is trying not to drive under the influence of alcohol again while breaking his mistake in depth.