A defendant shall be punished by imprisonment for two years.

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

Punishment of the crime

[criminal power] On September 9, 2015, the Defendant was issued a summary order of KRW 5 million for a violation of the Road Traffic Act in the support of the Daejeon District Court on September 9, 2015, and on October 14, 2019, the Defendant received a summary order of KRW 7 million for a violation of the Road Traffic Act (driving) from the Daejeon District Court's Incheon Branch Branch on October 14, 2019.

【Criminal Facts】

At around 10:30 on March 29, 2020, the Defendant driven a DNA car in the state of alcohol alcohol concentration of about 0.041% from the Seo-gu B apartment parking lot in Seo-gu, Seoan-gu, Seocheon-si to the front road of the building in front of the Gu.

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. Reporting on detection of drinking drivers, reporting on the circumstantial statements of drinking drivers, notification of the results of crackdown on drinking driving, the ledger of use of a drinking measuring instrument, and field pictures;

1. Application of replys to inquiries, such as criminal records, and Acts and subordinate statutes on investigation status (verification of the same kind of force);

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 62 (1) of the Criminal Act;

1. The reason for sentencing of Article 62-2 of the Criminal Act requires strict punishment for crimes that are highly dangerous to harm the life and body of others.

Since 2000, the Defendant was sentenced to four times a fine due to drinking driving, and there is a high possibility of criticism in that the Defendant committed the instant crime even though he was punished several times for traffic-related crimes, such as the crime of violation of the Road Traffic Act (unnecessary Measures after Accidents).

However, the defendant recognizes his mistake and is against his will.

There was no accident.

The blood alcohol concentration measured is not 0.041% high.

No criminal punishment exceeding a fine shall be imposed.

The economic situation is not sufficiently sufficient for basic livelihood recipients.

In addition, the defendant's age, age, and