A defendant shall be punished by imprisonment for one year.

However, 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

[Criminal Power] On August 20, 2012, the Defendant was issued a summary order of KRW 4 million by the Daejeon District Court for a violation of the Road Traffic Act (driving).

【Criminal Facts】

On July 13, 2020, at around 14:45, the Defendant driven a B low-speed car in the state of alcohol alcohol concentration of about 0.108% at a section of about 3 km from the roads near the Ansan-dong in Daejeon-gu to the roads front of the white reservoir in the same Gu-dong.

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

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. The survey report on the actual condition of a traffic accident, an accident site photograph, a suspect's alcohol measurement photograph, a report on the detection of a drinking driver, a report on the circumstantial statement of a drinking driver, and an investigation report (B) on the vehicle register;

1. Previous records of judgment: Application of criminal records, inquiry report (Attachment to the previous record and summary order), and copies of summary order Acts and subordinate statutes;

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

1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation ( normal consideration in favor of the accused among the reasons for sentencing below);

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

1. The reason for sentencing of Article 62-2 of the Criminal Act requires the punishment corresponding to the crimes that may cause serious damage to the life, body and property of others.

Although the Defendant had a record of punishment once due to drinking driving, the Defendant committed the instant crime and has a high possibility of criticism.

At the time of committing a crime, the blood alcohol concentration of the defendant is high, the distance of the defendant's driving is long, and the defendant's physical damage caused by a traffic accident while driving a drunk, and the quality of the crime and the circumstances are not easy.

The defendant has been punished several times due to the crime of immigration.