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 February 25, 2014, the Defendant was sentenced to four months of imprisonment for the violation of the Road Traffic Act in the Daejeon District Court’s branch court, and two times of the same force other than that of the same kind.

【Criminal Facts】 Around September 15:50 on September 30, 2019, the Defendant driven CM5 car while under the influence of alcohol content of about 0.174% from the 5m section from the parking lot B to the above B immediately before the road.

Accordingly, the defendant was driving under the influence of alcohol not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the results of blood collection control;

1. Maritime Affairs Report - Control Circumstances

1. On-site photographs;

1. Previous records of judgment: Criminal records, inquiry reports, and application of statutes governing judgment;

1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1) and 44 (1) of the Road Traffic Act which choose the penalty;

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

1. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Probation Criminal Act: The conditions that are favorable to the fact that the same criminal records including the punishment takes three times: The distance of movement is shorter than five meters, the defendant's health is not good, and the defendant has a physical disability without delay, and the defendant's age, character, conduct, environment, criminal records, criminal records, circumstances after the crime, and all the conditions for sentencing specified in the arguments in this case shall be determined as the same as the order, considering