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.

Criminal facts

On March 8, 2019, the defendant was notified of a summary order of KRW 1.5 million for the crime of violation of the Road Traffic Act at the Daejeon District Court on March 8, 2019.

On March 15, 2020, at around 05:36, the Defendant driven a DNA motor vehicle with a blood alcohol concentration of 0.122% from the section of approximately 3.7km to the 2nd road of the Seo-gu, Daejeon Seo-gu, Seo-gu, Seo-gu, Seo-gu, Seo-gu, to the flow route of the hot spring station No. 2 in Seo-gu, Seo-gu, Daejeon.

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

Summary of Evidence

1. The defendant's legal statement and the defendant's circumstantial statement;

1. Previous convictions in judgment: Application of criminal records, etc. and other 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 under Article 62-2 of the Criminal Act is a serious crime that causes serious harm to the life, body, property, etc. of an unqualified person. Thus, the defendant who committed the crime of this case should be held legally liable. In particular, despite the previous conviction of the same kind of crime, the defendant is committing the crime of this case, and the defendant's age, character and behavior, environment, motive, means and consequence of the crime of this case, and all other circumstances shown in the records and arguments, including the circumstances after the crime, shall be determined as ordered by the order, comprehensively taking into account the following circumstances.