A defendant shall be punished by imprisonment for a term of one year and four months.

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 September 27, 2018, the Defendant issued a summary order of KRW 1,500,000 to a fine for a violation of the Road Traffic Act at the Daejeon District Court on September 27, 2018, and a summary order of KRW 2 million to a fine at the same court on May 15, 2019.

Criminal facts

On August 24, 2020, at around 20:43, the Defendant driven a F Twitter vehicle with a blood alcohol concentration of about 0.096% under the influence of alcohol at approximately 500 meters from a section of approximately 500 meters up to the roads in front of the Ethical road located in Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-do.

As a result, the Defendant violated the regulations on the prohibition of drunk driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control results of drinking driving, report on the circumstances of drinking drivers, and report on request for appraisal;

1. Before holding: Criminal history records, inquiry reports, and application of Acts and subordinate statutes to investigation reports;

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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. Although there are two occasions of sentencing under Article 62-2 of the Criminal Act on the grounds of sentencing, the sentence as ordered shall be determined by comprehensively taking account of the various sentencing conditions under Article 51 of the Criminal Act, such as the fact that it appears due to the recent living conditions, the influence of alcohol, the age, character and conduct, and environment of the defendant, such as the age, character and environment of the defendant.