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.

Criminal facts

On December 11, 2006, the Defendant received a summary order of KRW 2 million as a fine for a violation of the Road Traffic Act, and a fine of KRW 3.5 million as a fine in the same court on February 21, 2017, respectively.

On April 10, 2019, from around 16:25 to 17:11, the Defendant driven Cystren vehicle under the influence of alcohol leveling of about 5km from the front of the construction site in the area adjacent to the Seogsan-dong Daejeon to the front of the Daejeon Seo-gu, Seo-gu, Daejeon to the road.

As a result, the defendant was punished twice or more due to drinking driving and was driving a motor vehicle under the influence of alcohol again.

Defendant

Since there is no substantial infringement of the right of defense of the counsel, the criminal facts are revised in accordance with the purport of the legal text.

Summary of Evidence

1. Statement by the defendant in court;

1. Examination protocol of the accused by prosecution;

1. Report on the occurrence and autopsy of a case under violation of the Road Traffic Act, report on the results of the regulation of drunk driving, report on the circumstantial statements of a drinking driver, report on the circumstances of a drinking driver, and report on the handling of 112 reported cases; and

1. Details of telephone conversations and routes of suspect movement;

1. Photographss of suspect vehicles, breath measurement photographs, and black image CDs;

1. Previous records of judgment: Criminal records, inquiry reports, investigation reports (verification of suspect's records of driving alcohol), and application of Acts and subordinate statutes of a copy of summary order;

1. Article 148-2(1)1 and Article 44(1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018); the choice of imprisonment for a crime;

1. Mitigation of discretionary work and mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (a favorable circumstance, such as circumstances in which the defendant repents the defendant in depth);

1. The crime of this case under Article 62(1) of the Act on the Suspension of Execution is driven under the influence of alcohol not less than twice in the absence of the influence of alcohol driving, in view of the danger and harmfulness of drunk driving, the severity of alcohol concentration in blood, and the distance of driving at the time.