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.

Criminal facts

On April 30, 2007, the Defendant received a summary order of KRW 1 million for a violation of the Road Traffic Act from the Daejeon District Court on April 30, 2007, and the summary order of KRW 1.5 million for the same crime from the same court on October 5 of the same year.

On June 20, 2020, the Defendant driven a motor bicycle under the influence of alcohol with approximately 0.085% of alcohol level 0.085% at the section of about 500 meters from the front of Daejeon to the front of D located in C, Jung-gu, Daejeon.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. Previous convictions in judgment: Application of criminal records, etc. and other 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 under Article 62-2 of the Criminal Act is a serious crime that causes serious harm to the life, body, property, etc. of an unqualified person. As such, the defendant who committed the crime of this case should be held legally liable for severe liability corresponding to the act. The defendant, like the previous record of his judgment, has already been punished twice or more due to drunk driving. The defendant's blood alcohol concentration was considerably high at the time of the crime of this case. The defendant's age, character and behavior, environment, motive, means and consequence of the crime of this case, and all other circumstances shown in the records and arguments of this case including the circumstances after the crime of this case are considered as follows.