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 April 22, 2016, the Defendant received a summary order of KRW 1,50,00,000 as a fine for a violation of the Road Traffic Act in the Daejeon District Court Seosan Branch.

At around 23:30 on August 23, 2020, the Defendant driven a DK7 car while under the influence of alcohol with approximately 0.207% of alcohol level from the section of about 1km from the front of the Seosan City to the front of the C history.

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

Summary of Evidence

1. Notification of the defendant's legal statement, the actual survey report and the control of drinking driving;

1. Application of Acts and subordinate statutes to a criminal investigation report on the results of inquiry, such as criminal records of the circumstantial statement of a host driver (attached to a summary order of the same attached power);

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 Defendant, on the grounds of sentencing of Article 62-2 of the Criminal Code of the community service order and the order to attend a lecture, had a previous record of drunk driving, but had a sense of driving again.

At the time, the blood alcohol concentration of the defendant was very high, and the transportation island was also received in the course of drunk driving.

However, the fact that the defendant seems to have been aware of and against his mistake, and that there is no other penalty power, other than the above previous conviction, shall be considered in light of the circumstances favorable to the defendant.

In addition, the sentencing factors indicated in the pleadings of this case, such as the defendant's age, character and conduct, environment, background of crimes, circumstances after crimes, etc., shall be determined as ordered.