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 September 19, 2011, the Defendant received a summary order of 1.5 million won as a crime of violating the Road Traffic Act from the Cheongju District Court Support on September 19, 201, and on November 19, 201, the Defendant received a fine of 4 million won as a crime of violating the Road Traffic Act in the same court.

On April 8, 2020, at around 23:55, the Defendant driven D SM5 vehicles while under the influence of alcohol content of about 0.126% at the section of approximately 3.8 km from the front to the front road of YY from YYM to the front road of Ycheon City.

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

Summary of Evidence

1. Defendant's legal statement;

1. Reporting on the occurrence of a traffic accident;

1. Photographs of the accident site;

1. Report on the results of the crackdown on drunk driving and the circumstantial statement of the driver to be taken under the influence of alcohol;

1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes (verification of criminal records and two times before and after the driving of the accused);

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. According to the reasons for sentencing under Article 62-2 of the Criminal Act, the punishment as ordered shall be determined by taking into account the various sentencing conditions shown in the records and arguments of this case, such as the circumstances and age of the defendant, character and conduct, family environment, motive, means and consequence of the crime, the circumstances after the crime, etc.

Unfavorable circumstances: The Defendant has been punished by a fine for the same kind of crime in 2011 and 2013.

The occurrence of a traffic accident that causes damage to property while drunk driving.

The favorable circumstances: At the time of crime and the mistake are divided.

There is no history of criminal punishment exceeding a fine due to the same crime.