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 April 27, 2017, the Defendant was issued a summary order of KRW 1 million by the Daejeon District Court for the crime of violation of the Road Traffic Act.

【Criminal Facts】

On June 19, 2020, at around 22:30, the Defendant driven an EM5 vehicle under the influence of alcohol with approximately 42 km alcohol concentration of about 0.037% in the section of about 42 km from the front of the apartment of Sejong Special Self-Governing City to the front of the D, Daejeon Metropolitan City.

As a result, the defendant was driving a motor vehicle under the influence of retoxicated despite the power of violating the prohibition of drinking under the Road Traffic Act.

Summary of Evidence

1. Defendant's legal statement;

1. Certificates of seizure of suspect interrogation protocol against the accused, certificates of renunciation of ownership, requests for blood appraisal, response to requests for appraisal, and statements of blood alcohol alcohol appraisal;

1. Control note, report on the circumstantial statement of a drinking driver (A), consent to blood collection and confirmation certificate (A), notification of the results of crackdown on drinking driving (blood collection result), inquiry into the results of crackdown on drinking driving, the closure photograph of the distance of drinking driving, and the investigation report (E) on drinking drivers (A);

1. Previous convictions in judgment: The results of inquiry, the ordinary records of disposition, and the application of Acts and subordinate statutes reporting results;

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.

As the distance of the defendant's driving is long, the nature of the crime and the circumstances are not easy.

However, the defendant acknowledges the crime of this case and reflects the wrongness.