2. Provided, That the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive;

3.

On December 31, 2009, the Defendant received a summary order of a fine of one million won for a crime of violating the Road Traffic Act (drinking) at the Daejeon District Court.

On August 20, 2020, the Defendant driven a B Ethp car under the influence of alcohol level of about 0.097% in a section of about 1km from a 271 Do in front of the Daejeon Dong-dong post office to a 171-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong

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

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

1. Investigation report (report on the situation of the driver in charge); and

1. Notification of the results of regulating drinking driving;

1. Previous conviction: Application of a written reply to inquiry, such as criminal history, Daejeon District Court Decision 2009 High Court Decision 24254 High Court Order;

1. Relevant provisions of the Act and Articles 148-2 (1) and 44 (1) of the Road Traffic Act and the selection of imprisonment for a crime;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The Defendant’s blood alcohol concentration at the time of committing the instant crime on the grounds of the sentencing of Article 62-2 of the Criminal Act for the observation of protection and order to attend lectures was 0.097% and the degree of principal practice was reasonable.

Nevertheless, the defendant was driving a motor vehicle, and the vehicle was parked on the road due to the driving of the motor vehicle, and it was controlled by the police officer dispatched after receiving a report, and the risk of traffic accident has increased significantly due to the above crime by the defendant, so the illegality of the crime is serious.

In addition, the defendant committed the crime of this case again even though he had been punished for drinking driving like the criminal facts in the past, and there is a high possibility of criticism.

However, considering favorable circumstances, such as the fact that the defendant recognized the crime of this case and reflects it, and that there is no record of punishment if the defendant excluded the previous conviction, the defendant's age, health status, sex, family environment, and motive for the crime.