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

[Criminal Power] On July 20, 2015, the Defendant received a summary order of KRW 1 million as a fine for a violation of the Road Traffic Act (driving) at the Daejeon District Court.

【Criminal Facts】

On August 17, 2020, at around 00:15, the Defendant driven a Fone Starex drive in the state of alcohol alcohol concentration of about 0.089% at the section of about 5km from the front line of “C” in Sejong Special Self-Governing City, to the front line of the E Center in Sejong Special Self-Governing City D.

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

Summary of Evidence

1. Defendant's legal statement;

1. The defendant's partial statement-related photographs of the police interrogation protocol, notification of the results of crackdown on drinking driving, report on the circumstances of drinking drivers, carvings (F), and black video (suspect drinking control video)

1. Investigation reports (control details, etc.), investigation reports (a statement in the circumstances of a driver with a driving license), and investigation reports (related to the measurement of drinking alcohol by a suspect);

1. Previous convictions in judgment: Application of the Daejeon District Court Act, 2015 High Class 1829, High Class 1829, Criminal Records Inquiry Report (A), and Criminal Investigation Report (Attachment to Summary Order)-Related Acts and subordinate statutes;

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 requires the punishment corresponding to the crimes that may cause serious damage to the life, body and property of others.

Although the Defendant had a record of punishment once due to drinking driving, the Defendant committed the instant crime and has a high possibility of criticism.

At the time of crime, the blood alcohol concentration of the defendant is not low, and the distance of the defendant's driving is also long, so the nature of the crime and the circumstances of the crime are not easy.

Nevertheless, the defendant attempted to escape from the control or is faced with at the time of the police investigation.