A defendant shall be punished by imprisonment for one year.

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

[criminal history] On May 19, 2015, the Defendant was sentenced to a fine of three million won for a crime of violating road traffic law (drinking) at the Daejeon District Court on May 19, 2015, and was sentenced to a fine of four million won for the same crime in the same court on May 8, 2018.

[2] On September 25, 2020, the Defendant driven a F 140-car level under the influence of alcohol leveling 0.142% from a 1km section from the front day of the Seosung-gu Daejeon Seo-gu, Daejeon, to the front day of the E-cafeteria located in the same Gu to the day of the same Gu.

As a result, the Defendant was under the influence of alcohol in violation of the prohibition on driving motor vehicles, etc. more than twice.

Summary of Evidence

1. Statement by the defendant in court;

1. A written request for appraisal of blood collection, response to a request for appraisal of blood collection, and a written appraisal to the accused regarding the seizure, list of seizure, evidence of seizure, or voluntary submission (written consent to and confirmation of blood collection) of a report on the examination of the suspect of the police;

1. A written statement of control, a statement of the situation of a driver driving, a notification of the results of the control of drinking driving (the last 16), and an investigation report (F) made on the next time;

1. Previous convictions in judgment: Application of two copies of the summary order, references to inquiries, such as criminal history (A), investigation reports (Attachment to the same type of power), and statutes;

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. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances in favor of the defendant among the grounds for sentencing);

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 requires the punishment corresponding to the crimes that may cause serious damage to the life, body and property of others.

Although the Defendant had been punished twice due to drinking driving, it is highly likely that the Defendant might commit the instant crime and criticize the instant crime.

At the time of the crime, the blood alcohol concentration of the defendant is high and the distance of the vehicle is also driven.