A defendant shall be punished by imprisonment for one year.

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 7, 2020, the Defendant received a summary order of a fine of KRW 6 million for a violation of the Road Traffic Act (driving) from the Seosan Branch of the Daejeon District Court.

【Criminal Facts】

On August 11, 2020, the Defendant driven a DK3 car from the 2km section to the road adjacent to the new intersection road located in 66-8 in the 66-8 km-si, in a state of under the influence of alcohol of 0.212% of blood alcohol concentration on August 23, 2020.

Accordingly, the defendant violated the prohibition of drinking driving twice.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the results of the drinking driving control, and a request for appraisal;

1. Application of Acts and subordinate statutes to criminal history records, inquiry reports, and investigation reports (verification of sound driving records);

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. 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 sentencing under Article 62-2 of the Social Service Order Criminal Act is 20,000 days after the defendant was discovered as a drunk driving, and the nature of the crime is inferior, the drinking alcohol level is high, the driving distance is not short, and there are no circumstances to be considered in driving circumstances: Provided, That if the defendant excludes the punishment imposed due to drunk driving on the two days prior to the instant case, the same power does not exist, and the defendant’s environment, the probation is prior to the suspension of execution, taking into account the defendant’