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 March 16, 2018, the Defendant received a summary order of KRW 1 million as a fine for a violation of the Road Traffic Act in the Seosan Branch of the Daejeon District Court on March 16, 2018.

【Criminal Facts】

On February 13, 2020, at around 00:20, the Defendant driven Bsch Rexroth car under the influence of alcohol concentration of about 0.078% in the section of about 65km from the front of the mutual French point in the Seosan-si, Seosan-si to the front of the public highway located in the Seocheon-si, Seocheon-do, Daejeon-do, Daejeon-do, Daejeon-do, to the public road in front of the quarterly.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the statement of the standing status of the primary driver, investigation report (report on the standing of the primary driver), control details, and report on the traffic accident (1,2, and report on the actual status);

1. An accident site photograph;

1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes to investigation reports;

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. Taking account of such unfavorable circumstances as the fact that probation, community service order, and order to attend a lecture had already been punished for drunk driving for the reason of sentencing under Article 62-2 of the Criminal Act, even though they had had the record of being punished for a drunk driving, again committing a crime of drinking again before the lapse of two years, the driving on an expressway in the state of drinking, damaging the shock absorption facility and causing a traffic accident in which vehicles are recovered, and the risk of driving under the influence of alcohol cannot be deemed to be light, choice of imprisonment is reasonable.

However, it is necessary to reduce the amount of punishment and suspend the execution of punishment in consideration of the favorable circumstances such as the fact that a mistake is recognized and reflects, the fact that there is no other criminal power than the previous record of drinking driving.

In addition, the records of this case, such as the defendant's age, character and conduct, intelligence and environment, family relationship, motive, means and result of the crime, and circumstances after the crime, etc.