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 20, 2017, the Defendant received a summary order of KRW 3 million as a crime of violation of the Road Traffic Act from the Daejeon District Court on January 20, 201.

On August 13, 2019, at around 00:56, the Defendant driven a motor vehicle Ah clinic in the Daejeon Seo-gu parking lot under the influence of alcohol content of 0.189%.

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

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Reports on traffic accidents, on-site photographs, etc., notification of the results of the drinking driving control, and circumstantial statements of the drinking drivers; and

1. Previous convictions in judgment: Application of investigation reports (verification of the history of punishment for drunk driving of a suspect);

1. Relevant laws concerning criminal facts, Articles 148-2 (1) and 44 (1) of the Road Traffic Act which choose the penalty, 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;

1. The reason for sentencing of Article 62-2 of the Criminal Act requires the punishment corresponding to the crimes that may cause serious damage to the life, body and property of others.

In 2017, the defendant was sentenced to a fine on one occasion due to drinking driving.

The blood alcohol concentration is high.

However, the distance of driving is relatively long because the vehicle is shocked by the structure of the underground parking lot.

The defendant recognizes his wrong and reflects his wrong.

Except for the above fines, no other penalty power shall be imposed.

Such circumstances and the defendant's age, character and conduct, family relationship, motive, means and consequence of the crime, and all the sentencing conditions shown in pleadings after the crime is committed shall be determined as ordered.