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 October 31, 2008, the Defendant received a summary order of KRW 700,000 as a fine for a violation of the Road Traffic Act (driving) in the official branch of the Daejeon District Court, and on December 13, 2010, issued a summary order of KRW 1,500,000 as a fine for the same crime at the Daejeon District Court. On November 30, 201, the Defendant received a summary order of KRW 5 million as a fine for the same crime at the Daejeon District Court.

【Criminal Facts】

around 22:40 on July 8, 2020, the Defendant driven a D K7 car while under the influence of alcohol level of about 0.198% from the 3.7km section from the front of the member B commercial building in Ansan-si to the front road of the same Gu C building.

As a result, the defendant violated the prohibition of drunk driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Reports on drinking-taking actions and records of drinking-making measurements;

1. Previous records: Application of Acts and subordinate statutes, such as criminal records, inquiry reports, investigation reports, judgments on the same kind of power, etc.;

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, despite the fact that the defendant had already been punished several times of a fine due to drinking driving, has a high possibility of criticism. However, the criminal records of the last drinking driving have passed since it was around 2011 and for which a considerable period of time has passed since the criminal records, the defendant sent a substitute engineer at the time of committing the crime, but seems to have reached the case in which the substitute engineer would not be mistaken, and the attitude of making efforts to prevent recidivism, such as receiving hospital medical treatment and selling vehicles after the instant case, and the attitude of trying to prevent recidivism, such as driving distance, the process of detection of drinking driving, and the age and family relation of the defendant, etc., shall be determined as follows: