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 May 23, 2014, the Defendant received a summary order of a fine of KRW 3 million for a violation of the Road Traffic Act from the Daejeon District Court.

【Criminal Facts】

On May 14, 2020, at around 22:22, the Defendant driven a Fbenz car in the state of alcohol alcohol 0.134% at a section of about 100 meters from the front line of the Daejeon E University located in Daejeon U.S. D to the front line of the E University located in Daejeon U.S. D.

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

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Statement of control, report on the circumstances of a drinking driver, report on the results of crackdown on drinking driving, investigation report on the results of crackdown on drinking driving (report on the circumstances of a drinking driver), and report on the circumstances of a drinking driving;

1. Previous convictions in judgment: Application of the results of inquiry (A), investigation report (related previous convictions and confirmations), Daejeon District Court Order No. 2014 High Class 1322, 2014 High Class 1322;

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.

As the blood alcohol concentration of the defendant at the time of the crime is high and the distance of the defendant's driving is not short, the nature of the crime and the circumstances of the crime are not easy.

However, the defendant shows his attitude to recognize the crime of this case and to reflect his mistake.

In addition, human and physical damage occurs due to the instant crime.