A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Punishment of the crime

[criminal history] On August 2, 2010, the Defendant was sentenced to a fine of KRW 2 million for a crime of violating the Road Traffic Act (drinking driving) at the Daejeon District Court on August 2, 2010, and a fine of KRW 3 million for a crime of violating the Road Traffic Act (drinking driving) at the Daejeon District Court on September 18, 2014.

[2] On September 9, 2020, the Defendant driven a FM5 vehicle under the influence of alcohol with approximately 0.214% alcohol level 0.4m from around the road near the Daejeon Seo-gu, Daejeon, Daejeon to around 00:35, and from around the 2.4km road in the same Gu, the Defendant driven a FM5 vehicle under the influence of alcohol level 0.214%.

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

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Report on the circumstances of driving under drinking, report on the results of crackdown on driving under drinking (A), report on the results of crackdown on driving under drinking, report on measurement of drinking, use of a measuring instrument for drinking alcohol, report on the handling of reported cases, report on the results of crackdown on driving under drinking (A), and investigation into the distance of driving under drinking);

1. Previous convictions in judgment: The results of inquiry and the application of investigation reports (a summary order attached to a summary order of the same kind of driving force of the suspect);

1. Relevant Article of the Act and Articles 148-2 (1) and 44 (1) of the Road Traffic Act concerning the facts constituting an offense;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances in favor of the defendant among the grounds for sentencing);

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing under 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 been punished twice due to drinking driving, the Defendant is likely to commit the instant crime and to criticize it.

The defendant's blood alcohol concentration is very high at the time of the crime, and the driving distance is also long, and the quality of the crime and the circumstances are not easy.

However, the defendant recognizes the crime of this case.