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 May 7, 2012, the Defendant received a summary order of KRW 5 million from the Seoul Central District Court to a fine of KRW 5 million for a violation of the Road Traffic Act (driving). On November 30, 2012, the Defendant was sentenced to a fine of KRW 3 million for the same crime at the Daejeon District Court.

【Criminal Facts】

On June 24, 2020, at around 00:30 on June 24, 2020, the Defendant driven Bho-do car under the influence of alcohol concentration of about 0.169% from the 1km section from the cafeteria to the pentluthy road.

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. Police suspect interrogation protocol of the accused;

1. Control note, report on the situation of driving under the influence of alcohol, inquiry into the results of crackdown on driving under the influence of alcohol, report on the circumstantial statement of a drinking driver, notification of the results of crackdown on driving under the influence of alcohol, and investigation report on the entry into the register of a drinking driver (report on the circumstances

1. Previous convictions in judgment: Inquiries and inquiries, and the application of Acts and subordinate statutes of the same kind of investigation report;

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 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation ( normal consideration in favor of the accused among the reasons for sentencing below);

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing of Article 62-2 of the Criminal Act, such as probation, community service order and order to attend a lecture, needs to be punished corresponding to the crimes that may cause serious damage to the life, body and property of others.

Although the Defendant had been punished four times due to drinking driving, the Defendant committed the instant crime and has a high possibility of criticism.

At the time of the instant crime, the blood alcohol concentration of the Defendant was high, and the distance of the Defendant’s driving is not shorter than the distance, and the quality of the crime and the criminal administration are not easy.

The defendant has been punished several times due to the crime of immigration, includingless driving.

(b).