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 October 16, 2018, the Defendant was issued a summary order of KRW 1 million with a fine for a violation of the Road Traffic Act at the District Court of Jung-gu, 2018.

On May 16, 2020, around 19:35, the Defendant driven the F bargaining car volume in the state of alcohol alcohol concentration of approximately 0.146% from the 1km section from the front of the Kancheon-si B to the front intersection of the Kancheon-si. D. In addition, the Defendant was under the influence of alcohol concentration of about 1km.

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

Summary of Evidence

1. The defendant's legal statement and the defendant's circumstantial statement;

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

1. Previous convictions indicated in judgment: Application of criminal records, inquiry reports, investigation reports (reports accompanied by summary orders 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. The Defendant committed the instant crime of driving an automobile under the influence of alcohol concentration of 0.146%, even though he had a record of being punished for drunk driving even before the reason for sentencing Article 62-2 of the Criminal Act.

Due to the drinking driving of the instant case, there was an accident that shocks the boundary of the Twitter boundary.

However, considering the favorable circumstances that the defendant recognized the crime of this case, the punishment as ordered shall be determined by taking into account the motive and background of the crime including the above circumstances, the method and consequence of the crime, the circumstances after the crime, the age, environment, and criminal record.