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

On May 10, 2012, the defendant was issued a summary order of five million won or more due to a violation of the Road Traffic Act (refluence of measurement) by the district court of Jung-gu on May 10, 2012.

At around 06:20 on April 5, 2020, the Defendant driven an E K5 hybrid car from the front side of the Gyeonggi-si B, Gyeonggi-si to the front side of D in the same city, while under the influence of alcohol content of 0.08%.

In this way, the defendant was driven twice or more while under the influence of alcohol.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the occurrence of a traffic accident, report on a traffic accident (1) actual condition, report on the circumstantial statement of a drinking driver, and report on the results of the drinking control;

1. An accident site photograph;

1. Application of Acts and subordinate statutes to criminal records, etc. inquiry reports (A), investigation reports (reports on suspect drinking and non-licensed records);

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

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

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

1. The Defendant committed the instant crime even though he/she had been punished by a fine due to drinking alcohol under Article 62-2 of the Criminal Act in 2010, and in 2012, he/she committed the instant crime.

The defendant left a road while driving under influence and caused an accident that shocks trees.

However, in full view of the fact that the defendant recognized the crime of this case, the economic situation is not good, and the blood alcohol concentration level of this case, the distance of drinking driving, the background of control, the age and character and conduct of the defendant, family relation, motive and means of the crime, circumstances after the crime, etc., the punishment as ordered shall be determined by comprehensively taking into account various sentencing conditions as shown in the records and arguments.