However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

[Criminal Power] On August 20, 2012, the Defendant was issued a summary order of KRW 4 million by the Daejeon District Court for a violation of the Road Traffic Act (driving).

【Criminal Facts】

On July 13, 2020, at around 14:45, the Defendant driven a B low-speed car in the state of alcohol alcohol concentration of about 0.108% at a section of about 3 km from the roads near the Ansan-dong in Daejeon-gu to the roads front of the white reservoir in the same Gu-dong.

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

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. The survey report on the actual condition of a traffic accident, an accident site photograph, a suspect's alcohol measurement photograph, a report on the detection of a drinking driver, a report on the circumstantial statement of a drinking driver, and an investigation report (B) on the vehicle register;

1. Previous records of judgment: Application of criminal records, inquiry report (Attachment to the previous record and summary order), and copies of summary order Acts and subordinate statutes;

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 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation ( normal consideration in favor of the accused among the reasons for sentencing below);

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

1. The reason for sentencing of Article 62-2 of the Criminal Act requires the punishment corresponding to the crimes that may cause serious damage to the life, body and property of others.

Although the Defendant had a record of punishment once due to drinking driving, the Defendant committed the instant crime and has a high possibility of criticism.

At the time of committing a crime, the blood alcohol concentration of the defendant is high, the distance of the defendant's driving is long, and the defendant's physical damage caused by a traffic accident while driving a drunk, and the quality of the crime and the circumstances are not easy.

The defendant has been punished several times due to the crime of immigration.