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

On October 21, 2008, the Defendant driven a motor vehicle under the influence of alcohol level of 0.066% on October 21, 2008 and received a summary order of KRW 300,000,000 as a crime of violation of the Road Traffic Act from the Daejeon District Court on November 21, 2008.

On August 2, 2020, at around 14:05, the Defendant driven a DNA ballel passenger car under the influence of alcohol with approximately 42 km alcohol concentration of about 0.035% in the section of approximately 42 km from the Do in front of the Geumsan-gun, Chungcheongnam-do to the front road of the Chungcheongnamcheon-gun, Chungcheongnam-gun.

Summary of Evidence

1. Defendant's legal statement;

1. Traffic accident report (on the actual condition survey report, drug map, etc.), photographs at the scene of the accident, circumstantial statements of the driver concerned, and investigation report (on the condition of the driver concerned);

1. Criminal records indicated in the judgment: Application of criminal records, inquiry reports, and summary order-related 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 reason for sentencing of Article 62-2 of the Criminal Act and the main sentence of Article 59(1) of the Act on Probation, etc. is one of the important factors that increase the frequency of accidents and threaten not only drinking drivers themselves but also other people's life and body. As social damage caused by drinking driving increases, it is necessary to impose heavy liability on drinking drivers.

As seen earlier, even though the Defendant had been punished by a fine by driving under the influence of alcohol once, the Defendant committed the instant crime by driving under the influence of alcohol at once.

In particular, since the Defendant caused a traffic accident as a result of the instant crime, the Defendant’s liability is not easy.

However, the defendant shows his attitude to recognize and reflect the crime of this case, and the traffic accident caused by the defendant was caused by the damage of the Indian facilities.

The defendant.