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 April 17, 2012, the Defendant was issued a summary order of KRW 2.5 million by the Daejeon District Court for the crime of violation of the Road Traffic Act.

On March 14, 2020, at around 06:50, the Defendant driven an Eone Star car under the influence of alcohol leveling 0.053% of blood alcohol level from around 5km to the front road of D Elementary School 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. Notification of the control results of drinking driving, and report on the circumstantial statement of a drinking driver;

1. Division: Application of criminal history records, inquiry reports (A) and investigation reports (Attachment to summary orders related to driving skills under the influence of a suspect) Acts and subordinate 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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

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

1. The grounds for sentencing under Article 62-2 of the Criminal Act include the drinking water of this case, the criminal records of the defendant, the criminal records of the defendant, the facts that the defendant is a night driver, and other various sentencing conditions under Article 51 of the Criminal Act that are shown in the records of this case, such as the age, character and conduct of the defendant