Defendant shall be punished by imprisonment for a term of one year and two months.

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

On September 25, 2009, the Defendant driven a motor vehicle under the influence of alcohol level of 0.122% on September 25, 2009, and received a summary order of KRW 1.5 million on November 10, 2009 as a crime of violation of the Road Traffic Act (driving) from the Daegu District Court Kimcheon Branch of the Daegu District Court.

On June 21, 2020, at around 09:18, the Defendant driven B motor vehicles under the influence of alcohol of about 0.153% in the section of about 1km from the Do before the roof bus terminal located in the Yancheon-gun, Yancheon-gun, Yancheon-gun, Yancheon-do to the front road in front of the Yancheon-si, Yancheon-gun, Yancheon-gun, Mayang-do

Accordingly, the defendant violated Article 44 (1) of the Road Traffic Act not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report, a survey report, and an accident site photograph;

1. The circumstantial statement statement and investigation report of the employer (the circumstantial report of the employer-employed driver);

1. Criminal records in judgment: Application of criminal records, inquiry reports, and summary order 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 the sentencing of Article 62-2 of the Criminal Act and the main sentence of Article 59(1) of the Act on Probation, etc. is one of the important factors to increase the risk of traffic accidents, and thus, the frequency of accidents is high, which may cause a huge threat to not only drinking drivers themselves but also other people's lives, bodies, etc., and social damage caused by drunk driving is increased. Therefore, it is necessary to impose strict liability on drinking drivers.

As seen earlier, the Defendant committed the instant crime by driving under the influence of alcohol and driving under the influence of a fine, even though he had the record of punishment, and driving under the influence of alcohol.

Especially, the defendant tried to drive a motor vehicle on an expressway and caused a traffic accident involving the structure of the charge station. Thus, the crime of this case is committed.