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 August 23, 2019, the Defendant was issued a summary order of KRW 1 million at the Daejeon District Court as a crime of violation of the Road Traffic Act.

【Criminal Facts of Crimes】 On March 28, 2020, the Defendant driven a fred car at approximately 1 km from the front side of Daejeon Seo-gu, Daejeon to the front side of E in the same Gu, while under the influence of alcohol 0.068% of alcohol level on March 28, 2020.

As a result, the defendant was punished for the violation of the Road Traffic Act, and was driving a motor vehicle under the influence of alcohol again.

Summary of Evidence

1. Defendant's legal statement;

1. Report on detection of drivers, report on the circumstances of drivers, and investigation report (report on the circumstances of the drivers);

1. A traffic accident report (1) (2) (actual survey report);

1. Making a report on the control of drinking driving;

1. An accident site photograph;

1. Previous convictions indicated in judgment: Application of criminal records, reply reports (A) and Acts and subordinate statutes to investigation reports;

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

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);

1. The reason for sentencing of Article 62-2 of the Criminal Act on the grounds of the provision of community service and the order to attend a lecture is an offense that may cause serious damage to the life, body and property of others, and there is a need for the corresponding punishment. The blood alcohol level at the time of the crime is relatively high than 0.068%, and the defendant committed the crime of drinking of the same kind in the instant case even though he had been sentenced to a fine due to drinking driving in 2019, and the defendant committed the crime of drinking of the same kind in the instant case even though he had been sentenced to a fine in 2019, and there was a traffic accident that causes other

On the other hand, the defendant committed the crime of this case.