A defendant shall be punished by imprisonment for a term of one year and four months.

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 March 19, 2014, the Defendant received a summary order of KRW 4 million from the Suwon District Court to a fine of KRW 4 million, and KRW 3 million from the Sungwon District Court Branch to the same crime on April 21, 2014.

【Criminal Facts】

At around 18:55 on May 24, 2020, the Defendant driven a C Eth-to-be vehicle with a blood alcohol concentration of about 0.183% at a section of about 11km from the Do in front of a restaurant “B” located in Young-si, Chungcheongnam-si to the road immediately preceding the Seoggu Seoul Highway to the Seog-gu Seoul Highway.

Accordingly, the defendant violated the Road Traffic Act prohibition provisions at least twice.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statement, investigation report, and notification of the results of the control of drinking driving;

1. Previous convictions indicated in judgment: Criminal history records, inquiry reports and application of two-minutes of summary order Acts and subordinate statutes;

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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing of Article 62-2 of the Criminal Act on the order to provide community service and attend lectures was that the Defendant had been subject to three times of criminal punishment due to drunk driving, and the instant drinking driving was conducted at the same time, and the blood alcohol concentration level at the time was very high and the physical damage was caused. The nature of the crime is not easy.

However, taking into account the fact that the defendant is led to confession and reflect, and the fact that one of the above previous departments was relatively old, etc., the defendant's age, attitude, environment, driving background and distance, accident size and degree of damage, and various sentencing conditions shown in the records and arguments, such as the circumstances after the crime, shall be determined as ordered.