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 December 15, 2016, the defendant has been notified of a summary order of a fine of three million won for a violation of the Road Traffic Act at the Daejeon District Court on December 15, 2016.

On March 13, 2020, at around 00:39, the Defendant driven a F K-5 car at approximately 100 meters from the front of the restaurant located in the Chungcheong-gun B to the front of the E-Eup Office located in D while under the influence of alcohol of 0.123 percent of alcohol during blood.

Accordingly, the defendant violated Article 44 (1) of the Road Traffic Act 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 harm to the life, body, property, etc. of an unqualified person, and thus, the accused who committed the crime should be held legally liable for the severe legal liability corresponding to the act. The accused also committed the crime of this case even though he had the record of punishment for drunk driving in 2016. 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.