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

[Power of crime] On April 22, 2009, the Defendant was sentenced to a suspended sentence of two years for six months by imprisonment with labor for a violation of road traffic law (dacting driving) at the Daejeon District Court.

[Criminal facts] On August 9, 2020, the Defendant driven D Star Bosch Rexroth under the influence of alcohol leveling 0.160% of alcohol level in the front of the “C cafeteria” road located in Goung-gun B at approximately 2m of the “C cafeteria,” a around 12:20, 2020.

Accordingly, the Defendant violated Article 44(1) of the Road Traffic Act at least twice.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on driving alcohol;

1. Statement of the circumstances of the driver involved in driving;

1. Evidence and photographs of the traffic accident scene;

1. Records of the judgment: Application of the inquiry letter, such as criminal history (A), investigation report (applicable to the same type of force), and text 2 of the judgment;

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. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

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

1. The defendant's reasons for sentencing under Article 62-2 of the Criminal Act, such as protection and observation, community service order, and order to attend school, recognize and reflect the crime of this case. However, considering the fact that the social harm caused by drinking driving is very serious and the defendant's blood alcohol level is considerably high to 0.160%, and that the defendant's liability is less than that of imprisonment with prison labor for a violation of the Road Traffic Act in 2009, such as the crime of violation of the law of traffic in 2009, even though he was sentenced to a suspended sentence of imprisonment for a violation of the law of traffic in 209, the defendant's total two times of punishment for the same crime, such as being sentenced to a fine for the crime of drinking.

subsection (b) of this section.

However, if the driving distance of the defendant is about two meters, it shall be considered as a favorable sentencing factor.

In addition, the circumstances leading the defendant to drive the drinking of this case, the alcohol concentration and driving distance from the blood of this case, the circumstances leading to the detection of the crime of drinking of this case, the age, sexual behavior, and the record of the crime.