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 a period of two years from the date this judgment becomes final and conclusive.

Punishment of the crime

On December 17, 2009, the Defendant was issued a summary order of KRW 1.5 million for a crime of violating the Road Traffic Act at the Daejeon District Court. On May 28, 2013, the Defendant was issued a summary order of KRW 5 million for a crime of violating the Road Traffic Act.

On November 208, 2020, the Defendant driven B benz automobiles under the influence of alcohol content of about 0.113% in the blood alcohol level from the front of the restaurant, where it is difficult to find out the trade name in the Dobong-gu, Daejeon, Seo-gu, Seo-gu, Daejeon, from around 5km to the circulation distance in the Seo-gu, Seo-gu, Daejeon.

In this respect, the Defendant, who was punished for driving under the influence of alcohol, once again driving under the influence of alcohol, violated Article 44(1) of the Road Traffic Act not less than twice.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Inquiry into the results of crackdown on the driving of drinking alcohol, the report on the situation of the driver of drinking alcohol, the investigation report (the report on the situation of the driver of drinking alcohol), and the next inquiry;

1. Previous convictions: Inquiry of criminal history, reporting of the previous convictions of each disposition, results of confirmation, and application of statutes of the summary order attached thereto;

1. Relevant Article of the Act and Articles 148-2 (1) and 44 (1) of the Road Traffic Act concerning the facts constituting an offense;

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 under Article 62-2 of the Criminal Act is that the Defendant committed the instant crime even though he had been punished twice due to the crime of drinking alcohol, as stated in the first head of the crime in the judgment, and that the drinking volume is considerable, the nature and the circumstances of the instant crime are not easy in light of the fact that the Defendant committed the instant crime.

However, the defendant has no record of punishment in addition to three times of fine, and the defendant reflects the defendant's depth in depth, and the defendant's character, conduct, environment, and all other circumstances that can be known through the argument of this case shall be determined as the sentence like the order.