A defendant shall be punished by imprisonment for two years.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Punishment of the crime

On July 5, 2007, the Defendant was sentenced to imprisonment with prison labor for a year and six months and a suspended sentence of three years for a violation of the Road Traffic Act, etc. in the support of the Daejeon District Court of Daejeon District.

On September 15, 2020, the Defendant, who was under the influence of alcohol and was punished by driving a motor vehicle, etc. under the influence of alcohol, driven the E rocketing motor vehicle under the influence of alcohol with approximately 0.120% of alcohol alcohol concentration at the section of approximately 2km from the Do in front of the Dong-gu, Chungcheongnam-gu, Yannam-gu to the front road in C.

Summary of Evidence

1. Defendant's legal statement;

1. Criminal place, copy of the ledger using a drinking measuring instrument, inquiry report made as a result of the crackdown on drinking driving, circumstantial statement of a drinking driver, and report on the circumstances of drinking driving;

1. Inquiry reports, such as criminal records, and application of relevant statutes on decisions;

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. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Criminal Act requires a strict punishment for a crime that is highly dangerous to harm the life and body of others.

The blood alcohol concentration measured is considerably high by 0.120%.

Even though the defendant was under a suspended sentence of imprisonment once due to drinking driving in the past, there is a high possibility of criticism in that the crime of this case has been committed in the past.

However, the defendant recognizes his mistake and is against his will.

There was no accident.

No person shall be subject to criminal punishment for any reason other than before the suspension of the sentence of imprisonment in 207.

In addition to this, the defendant's age, character and conduct, environment, motive, means and result of the crime, and the circumstances revealed in the trial process shall be determined as ordered by considering various circumstances.