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 October 14, 2008, the Defendant received a summary order of KRW 700,000 as a fine for a violation of the Road Traffic Act from the Daejeon District Court.

Nevertheless, at around 00:20 on November 21, 2019, the Defendant driven a 30-meter falob in front of the “E” located in Daejeon Jung-gu, Daejeon, while under the influence of alcohol of 0.192% of alcohol level 0.192%.

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

Summary of Evidence

1. Defendant's legal statement;

1. Report on detection of a drinking driver, report on the circumstances of a drinking driver, and inquiry into the results of the crackdown on drinking;

1. Criminal records, inquiry reports, and application of summary order-related Acts and subordinate statutes;

1. Relevant provisions of Article 148-2 (1) and Article 44 (1) of the Road Traffic Act, the choice of imprisonment for a crime, or 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;

1. The fact that the record of punishment for driving for the reason of sentencing under Article 62-2 of the Criminal Act of the order to attend lectures has been several times, and again, the driving for the drinking of this case has reached 0.192% of the blood alcohol level at the time of the discovery of this case: Provided, That the defendant recognized the mistake and reflects it, driving the Otoba, driving the Otoba, and all other sentencing factors recorded in the records, such as the defendant's age, character and conduct, shall be determined as ordered by the order.