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 September 8, 2010, the Defendant was sentenced to a fine of KRW 5 million due to the violation of the Road Traffic Act (driving) in the Daejeon District Court's branch on September 8, 2010.

On August 21, 2020, at around 22:45, the Defendant driven a B-purd vehicle with a alcohol level of about 30km from the point of influench in the Asan City hot spring dong to the front road in the Ucheon-si, U.S. in the U.S. in the front of Sejong City. In the influence of alcohol level of about 0.156%, the Defendant driven the B-purd vehicle.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

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 danger and injury to the life, body, property, etc. of an unqualified person. Thus, the criminal defendant who committed the crime of this case should be held legally liable for severe liability corresponding to the act. The criminal defendant already committed the crime of this case even though he had the record of punishment due to drunk driving, such as the criminal record in the judgment. The criminal defendant's blood alcohol concentration was very high at the time of the crime of this case. 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 of this case shall be comprehensively considered.