A defendant shall be punished by imprisonment for one year.

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 July 28, 2008, the Defendant was issued a summary order of KRW 2 million as a fine for a violation of the Road Traffic Act, and KRW 2 million as a fine at the Daejeon District Court on November 28, 201 with the same crime, respectively.

No one shall drive a motor vehicle under the influence of alcohol, and the said provisions shall not be violated twice or more.

Nevertheless, at around 16:12 on January 24, 2020, the Defendant driven an E Ethth-sports cargo vehicle while under the influence of alcohol 0.052% in the section of about 1km through D office from the front road located in Chungcheongnam-nam Budget Group B to the same place.

Accordingly, the Defendant driven a motor vehicle not less than twice while under the influence of alcohol.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the result of crackdown on drinking driving;

1. The circumstantial statement of the employee;

1. Investigation report (report on the situation of running a motor vehicle at home);

1. Previous convictions indicated in judgment: Criminal records, investigation reports, and application of summary order statutes attached thereto;

1. Relevant provisions of Article 148-2 (1) and 44 (1) of the Road Traffic Act, and the choice of imprisonment for a crime;

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 Criminal Act is that the Defendant committed the instant crime even though he/she had been punished several times due to drinking driving in the past, and at the same time, the nature of the instant crime is not good, and it is deemed that the risk of recidivism is high.

However, the defendant's mistake is recognized, and the defendant has a relatively minor history of criminal punishment, and there is no record of criminal punishment heavier than suspended execution.

In addition, the circumstances of the crime of this case, degree of drinking, frequency and frequency of punishment due to drinking driving, and the defendant.