1. The defendant shall be punished by imprisonment with prison labor for one and half years;

2.Provided, That the above sentence shall be executed for a period of three years from the date this judgment becomes final and conclusive.

Punishment of the crime

On February 14, 2007, the Defendant was sentenced to a fine of 500,000 won for a crime of violating road traffic law at the Daejeon District Court on November 8, 201, and was sentenced to a fine of 2 million won for the same crime in the same court on November 8, 2010, and was sentenced to a fine of 1.5 million won for the same crime in the same court on November 5, 2012.

On October 24, 2020, the Defendant driven at approximately 700 meters from a 700-meter section to a e-packer vehicle located in D, while under the influence of alcohol content of 0.086% among blood transfusions at around 02:40%.

Accordingly, the Defendant violated the prohibition of drinking alcohol driving regulations not less than twice.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

1. A report on internal accidents;

1. Notification of the results of regulating drinking driving;

1. An accident scene photograph;

1. Previous convictions in judgment: Application of an inquiry letter, such as criminal history, and an investigation report (verification of criminal history of the suspect) statute;

1. Article 148-2(1) and Article 44-2(1) of the former Road Traffic Act (amended by Act No. 17371 of Jun. 9, 2020), Articles 148-2(1) and 44(1) of the same Act, the selection of punishment for a crime

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing of Article 62-2 of the Criminal Act on the grounds of the order to provide community service and attend lectures was that at the time of the instant crime, the main amount of the Defendant’s blood alcohol content reaches 0.086%, including the Defendant’s blood content.

Nevertheless, the defendant increased the risk of traffic accident by driving a motor vehicle, and actually taking the front vehicle in the signal waiting, and causing a chain of chain collision that takes the front vehicle in the signal waiting again, so the illegality of the crime is serious.

In addition, the defendant committed the crime of this case even though he committed the crime of this case three times including the past criminal record, which was punished for drinking driving like the previous criminal record, and he committed it.