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

[criminal power] On February 22, 2002, the Defendant received a summary order of KRW 700,000 from the Daejeon District Court to a fine of KRW 1.5 million for a violation of the Road Traffic Act. On August 22, 2008, the Daejeon District Court received a summary order of KRW 1.5 million for a violation of the Road Traffic Act.

【Criminal Facts】

On January 22, 2020, the Defendant, while under the influence of alcohol at around 0.124% of alcohol level around January 22, 2020, operated a BNS car at around 150 meters of alcohol level on the front of the Daejeon P building, and operated a vehicle at approximately 150 meters of the front of the Daejeon PY C on the front of the Daejeon P building.

Accordingly, the defendant has driven a motor vehicle under the influence of alcohol not less than twice in violation of the prohibition of drunk driving.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Statement of control, notification of the results of the crackdown on drinking driving, report on the circumstances of a drinking driver, inquiry into the results of the crackdown on drinking driving, and making an inquiry into the enemy;

1. Previous convictions of judgment: Criminal records, etc. inquiry reports (A), reports on the results of confirmation before and after a disposition of a drunk driving on August 22, 2008, and summary orders, and the application of Acts and subordinate statutes before and after a drunk driving on February 22, 2002;

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 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation ( normal consideration in favor of the accused among the reasons for sentencing below);

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing of 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, the Defendant committed the instant crime and has a high possibility of criticism.

As the blood alcohol concentration at the time of the instant crime is high and the distance of driving is not short, the quality of the instant crime and the criminal administration are not easy.

(b).