A defendant shall be punished by imprisonment for not less than one year and six months.

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 June 15, 2012, the Defendant was sentenced to a fine of KRW 3 million for a violation of the Road Traffic Act at the Daejeon District Court on June 15, 2012.

【Criminal Facts】

On May 15, 2020, the Defendant, while under the influence of alcohol at around 22:38 on May 15, 2020, operated a motor vehicle of 0.106% of blood alcohol level B, and operated a vehicle of approximately 180 meters to the front of the F in Daejeon Seo-gu E on the roads in Daejeon Seo-gu, Daejeon.

Accordingly, the defendant has driven a motor vehicle under the influence of alcohol not less than twice in violation of the prohibition of drunk driving.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report (1) (2) and an investigation report (1) (2) and an investigation report;

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

1. Notification of the control of drinking driving;

1. Previous records of judgment: Application of criminal records, reply reports and written judgments (SJ District Court Decision 2012 High Court Decision 676) and other 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. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);

1. The fact that the blood alcohol level at the time of committing the crime of sentencing Article 62-2 of the Criminal Act at the time of sentencing is relatively high to 0.106%, the defendant, despite being sentenced to a fine due to drinking driving in 2012, makes a multi-pact driving in spite of the fact that the defendant was sentenced to a fine due to drinking driving in 2012, and the defendant's traffic accident caused by drinking driving in this case, etc

On the other hand, the defendant recognized the crime of this case and reflects his mistake in depth, the defendant did not have any record of punishment for drinking driving for about seven years after the criminal punishment was imposed due to drinking driving in 2012, and the defendant's health.