A defendant shall be punished by imprisonment for a term of one year and four months.

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 June 26, 2007, the Defendant was sentenced to a summary order of KRW 3.5 million for a crime of violation of the Road Traffic Act in the Gwangju District Court's net support on June 26, 2007, and was sentenced to a fine of KRW 2.5 million for the same crime in the same court on July 10, 2009.

【Criminal Facts】

around 04:05 on September 20, 2020, the Defendant driven a F rocketing car in the state of alcohol alcohol concentration of about 0.135% from the 1km section from the front of the “C” restaurant located in Macheon-si B to the E located in Macheon-si.

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

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statement of a drinking driver which is inquired of the control of drinking driving;

1. On-site photographs;

1. Criminal records as indicated in the judgment: Application of an inquiry report on criminal records, etc., an investigation report, and a 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. 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, including probation, community service order, and order to attend a lecture, is recognized and against the crime of this case. However, the social harm caused by drunk driving is very serious and thus, it is necessary to severely punish the defendant. In addition to the punishment of a fine for violation of the Road Traffic Act in 2007 and 2009 as stated in the judgment of the defendant, the same criminal records such as being fined for the same crime of 203 years, in addition to the punishment of a fine as stated in the judgment of the defendant, it cannot be said that the defendant's responsibility is less than the defendant's responsibility

In particular, while the defendant driving a vehicle while under the influence of alcohol, an accident occurred where the vehicle was driven along the road boundary stone, and the defendant stated that he was on board the vehicle at the time that he was under the age of six.