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 27, 2008, the Defendant, while driving a motor vehicle under the influence of alcohol of 0.141% on a blood alcohol level, was issued a summary order of KRW 1 million on October 30, 2008 as a crime of violation of the Road Traffic Act (driving) at the Young-dong Branch of Young-gu District Court on October 30, 208.

(208 Highest 1394) On February 21, 2020, the Defendant driven an Eystren passenger car under the influence of alcohol with approximately 0.094% alcohol concentration from around 200 meters to around 100 meters away from the 17:05 Chungcheongnam-gun, Chungcheongnam-gun, and C, National Highway No. 4 in front D to the point of 100 meters.

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. Reports on internal investigation:

1. A report on the occurrence of a traffic accident (including photographs and intensity), a de facto survey report (including photographs and intensity), and a criminal investigation report (the classification of offenders and victims, based on shock tracess);

1. Notification of the control of drinking driving;

1. Criminal records as indicated in the judgment: Application of criminal records, reply reports, and investigation reports (verification of the same criminal records)-related 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.

In particular, the Defendant caused a traffic accident as a result of the instant crime.