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 May 26, 2016, the Defendant was issued a summary order of KRW 4 million by the Daejeon District Court for a violation of the Road Traffic Act (driving).

【Criminal Facts】

On April 3, 2020, at around 22:10, the Defendant driven an Erocketing car in the state of alcohol alcohol concentration of about 0.134% in the section of about 10km from the roads near Daejeon Dong-gu, Daejeon to the roads in front of Chungcheongnam-gun, Chungcheongnam-gun.

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

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Notification of the results of the crackdown on drinking driving, the report on the circumstances of a drinking-driving driver, the photo of the control site, the investigation report on the record of the crackdown on drinking-driving, the investigation report on the 112 reported case (report on the situation of a drinking-driving driver), the report on internal history, and the report on internal history;

1. Previous convictions in judgment: Application of the results of inquiry (A), investigation report (related previous convictions and confirmations), Daejeon District Court Decision 2016 High Court Decision 4194 and summary order Acts and subordinate statutes;

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. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation ( normal consideration in favor of the accused among the reasons for sentencing below);

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

1. The reason for sentencing of Article 62-2 of the Criminal Act requires the punishment corresponding to the crimes that may cause serious damage to the life, body and property of others.

Although the Defendant had been punished once due to drinking driving, etc., the Defendant committed the instant crime and has a high possibility of criticism.

At the time of the crime of this case, the blood alcohol concentration of the defendant is high, and the distance driven by the defendant is also long, and the quality of the crime and the circumstances of the crime are not easy.

However, the defendant shows his attitude to recognize the crime of this case and to reflect his mistake.