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 3, 2014, the defendant has been notified of a summary order of KRW 3 million by the Daejeon District Court due to the violation of the Road Traffic Act.

around 04:15 on May 16, 2020, the Defendant driven a F food car at approximately 800 meters from the alcohol house in Seo-gu Daejeon to the front road of the “E” store in the same Gu from the alcohol house in Seo-gu Daejeon to 0.118% alcohol level.

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

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 danger and injury to the life, body, property, etc. of an unqualified person. Thus, the defendant who committed the crime of this case should be held legally liable for the severe legal liability corresponding to the act. Despite the fact that the defendant had been punished for a traffic accident while driving a drunk, the defendant committed the crime of this case. The defendant's blood alcohol concentration was very 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 shall be comprehensively considered.