A defendant shall be punished by imprisonment for two years.

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 May 18, 2009, the Defendant was issued a summary order of KRW 700,000,000 as a crime of violation of the Road Traffic Act in the Hongsung Branch of the Daejeon District Court.

【Criminal Facts】

On August 5, 2020, at around 04:08, the Defendant driven an E-motor vehicle while under the influence of alcohol with approximately 2.3 Km alcohol concentration of about 0.248% from the 04:08 East Sea to the D convenience store located in the same city C.

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

Summary of Evidence

1. Defendant's legal statement;

1. Statement on the circumstantial statement of the employee;

1. Notification and investigation report on the results of the crackdown on drinking driving (report on the circumstance of a drinking driver), investigation report (in relation to the field circumstances), investigation report (the distance from which a suspect drivess);

1. Previous records of judgment: Application of criminal records, inquiry reports, investigation reports (Attachment to the same type of electric records) and statutes;

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. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act and Article 59 of the Act on Probation, etc.: The driving of alcohol is highly likely to cause harm to the life and body of others as well as himself/herself, and the defendant is subject to a fine under the influence of alcohol, even though he/she has a history of being sentenced to a fine for driving under the influence of alcohol, and the defendant has a high level of blood alcohol level of the defendant at the time of driving under the influence of alcohol: The circumstances favorable to the defendant at the time of driving under the influence of alcohol in this case are that he/she would not drive under the influence of alcohol again: the defendant's age, character and behavior, environment, circumstance of the crime, circumstances after the crime, etc. are considered and the various sentencing conditions specified in the records and arguments