A defendant shall be punished by imprisonment for not less than one year and six months.

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 October 4, 2010, the Defendant was issued a summary order of KRW 2.5 million by the Daejeon District Court for the crime of violation of the Road Traffic Act.

【Criminal Facts】

On July 5, 2020, at around 00:10, the Defendant driven an E-motor vehicle under the influence of alcohol concentration of about 200 meters from the road front of the Cnonode bank located in the Gongju-si B to the Dnoman-si road in the official city.

Accordingly, the Defendant violated the duty of prohibition on driving under the influence of alcohol not less than twice.

Summary of Evidence

1. Legal statement, traffic accident report (1,2, survey report on actual condition), and accident site photograph of the main driver;

1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes to investigation reports (verification of the same kind of power);

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. On the grounds of sentencing under Article 62-2 of the Criminal Act, all the sentencing factors indicated in the records and trial process of this case, including the following circumstances and Defendant’s age, character and conduct, intelligence and environment, family relationship, motive, means and consequence of the crime, and circumstances after the crime, shall be determined as ordered by the sentence.

D. Unfavorable circumstances: The fact that a person has repeatedly committed the same kind of crime even though he had a previous 2 times (2005, 2010) before drinking, which is highly high in blood alcohol concentration, which is favorable to the fact that he has caused a traffic accident: Recognizing and reflecting the mistake, and the fact that the previous breath driver's breath has occurred before 10 years.