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 April 29, 2014, the Defendant was sentenced to a suspended sentence of two years for six months by imprisonment with prison labor for a violation of the Road Traffic Act in the Hongsung Branch of the Daejeon District Court.

【Criminal Facts】 On December 28, 2019, at around 19:35, the Defendant driven a motor vehicle for B while under the influence of alcohol alcohol concentration of about 0.084% from the front of the restaurant located in the Jung-gu Culture Complex in Daejeon to the front of the Seo-gu Culture Complex in Daejeon.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement statement and investigation report of the employer (the circumstantial report of the employer-employed driver);

1. Notification of the results of the drinking driving control, and inquiry into the results of the drinking driving control;

1. Photographs taken to drink alcohol;

1. Previous convictions indicated in the judgment: Criminal history records, reply reports (A) and the application of Acts and subordinate statutes governing the Daejeon District Court's red support 2014 high-ranking 57 court rulings;

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. The reason for sentencing of Article 62-2 of the Criminal Act regarding community service and order to attend a lecture is that the defendant has been subject to criminal punishment for drunk driving four times since 2000, and the defendant has been subject to suspended sentence by the court on the ground that the defendant was injured by an injured vehicle due to drunk driving in 2014.

On the other hand, in light of the fact that the defendant sells a vehicle that has been driven by his mistake in depth and sells the vehicle, etc., the distance of the defendant's driving is relatively short, and the defendant's health condition and family situation, etc., which is likely to give the last opportunity for opening is favorable to the defendant.

In addition, the defendant's age, character and behavior, environment, occupation, and occupation.