A defendant shall be punished by imprisonment for one year.

except that 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 August 28, 2015, the Defendant received a summary order of a fine of KRW 3 million for the crime of violating the Road Traffic Act from the Sunggu District Court's sexual branch on August 28, 2015.

On March 13, 2020, at around 00:39, the Defendant driven D rocketing car under the influence of alcohol concentration of about 0.172% at the section of about 2 km from the front of the deaf-gu in a place where it is impossible to know at the time of 0:39, 2020 to the front of C.

As a result, although the defendant was punished for a drunk driving, he again driven a motor vehicle while under the influence of alcohol.

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition survey report, report on the occurrence of a traffic accident, and photograph of the accident site;

1. Notification of the results of the drinking driving control, a report on the circumstantial statement of a drinking driver, an investigation report (report on the situation of a drinking driver), a detailed statement of control, an inquiry into the results of the drinking driving control, and a photograph of CCTV image-cape;

1. Previous records of judgment: Application of Acts and subordinate statutes, such as criminal records, inquiry reports, and summary orders;

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. In particular, the reflection of the defendant's reason for sentencing under Article 62 (1) of the Criminal Act, the distance and the degree of driving under the influence of alcohol, and the records of the same kind (two times of fine) shall be taken into account;