1. The defendant shall be punished by imprisonment for two years;

2. Provided, That the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive;

3.

Punishment of the crime

On January 15, 2010, the Defendant was sentenced to a suspended sentence of two years for a violation of the Road Traffic Act in the Daejeon District Court's Seosan Branch.

At around 04:00 on February 3, 2020, the Defendant driven D Ap-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-h-

Accordingly, the Defendant violated the prohibition of driving under the influence of alcohol not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the actual state of the driver;

1. The actual condition survey report;

1. Notification of the control of drinking driving;

1. Previous convictions: Application of Acts and subordinate statutes, such as inquiry reports, investigation reports (Attachment to judgments of records of driving under the same kind as a suspect), the Daejeon District Court's subdivisions of the Daejeon District Court (2009Kadan691);

1. Article 148-2 (1) and Article 44 (1) of the Criminal Act and the choice of punishment for the crime, the choice of imprisonment;

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

1. The reason for sentencing of Article 62-2 of the Criminal Act on the grounds of probation, community service, and lecture attendance order was that at the time of the instant crime, the Defendant’s blood alcohol content was higher than 0.144%, and the Defendant’s appearance was in an inaccurate state, and the degree of drinking was relatively high. Thus, the risk of traffic accidents caused by the instant crime was reasonable.

The defendant actually realized the above risk and caused a traffic accident that shocks the latter vehicle while changing the lane, and the illegality of the crime is serious.

In particular, the defendant committed the crime of this case again even though he had a history of punishment for imprisonment due to drinking driving, as shown in the previous judgment, so there is a high possibility of criticism.

However, the defendant's age, character and conduct, family relation, motive, means and result of the crime, shall be considered in consideration of the favorable circumstances such as the fact that the defendant recognized all the crimes of this case and reflected.