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 August 21, 2007, the Defendant received a summary order of KRW 1,50,000 from the Busan District Court to a fine for a violation of the Road Traffic Act.

【Criminal Facts】

On May 12, 2020, at around 05:20, the Defendant driven a Glym code car with approximately 62 meters alcohol concentration of about 0.108% from the 62m section from the front of the C cafeteria located in Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-gun to the front of the E BankF in D.

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. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Notification of the results of the crackdown on drinking alcohol driving, report on the circumstantial statement of a drinking driver, inquiry into the results of the crackdown on drinking alcohol driving, report on the situation of driving alcohol driving, investigation report on the situation of driving alcohol (report on the situation of a drinking driver), report on internal investigation (related to the situation of a drinking driver), report on internal investigation (Attachment to the 112 Report Handling List), and investigation status (Listening to the suspect A's statement);

1. A previous conviction in judgment: An inquiry report, a report on the results of confirmation of the previous disposition, and a summary order (around 2007 High Court Decision 33952 of the Mountainous Districts Act) shall apply to the statutes;

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 a record of punishment once due to drinking driving, the Defendant committed the instant crime and has a high possibility of criticism.

The defendant's blood alcohol concentration is not low, and the nature and the circumstances of the crime are not weak, and the defendant is suitable for the measurement of drinking after the detection of the crime.