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

On February 17, 2010, the Defendant received a summary order of one million won or more as a fine for a violation of the Road Traffic Act, in the Daejeon District Court Seosan Branch.

At around 02:32 on April 26, 2020, the Defendant driven a Flus vehicle while under the influence of alcohol 0.049% in a section of about 800 meters from the C Association parking lot located in Seosan-si B to E in D.

Accordingly, the defendant was driving under the influence of alcohol not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control of drinking driving;

1. The circumstantial statement of the employee;

1. Application of Acts and subordinate statutes to inquiries, such as criminal records, investigation reports (former and summary orders);

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 defendant of the reason for sentencing under Article 62-2 of the Criminal Act, even though he had a record of being sentenced to a fine due to drinking driving, re-driving a motor vehicle.

The defendant's mistake and reflects his own mistake, and there are no criminal records other than the above drunk driving, and the fact that the blood alcohol level at the time of the pertinent drunk driving is relatively high shall be considered in light of the circumstances favorable to the defendant.

In addition, after considering the fact that the defendant complains of economic difficulties, and all the factors of sentencing as shown in the arguments in this case, such as the age, character and conduct, environment, circumstances after the crime, etc., the punishment shall be determined as ordered.