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 August 4, 2010, the Defendant received a summary order of KRW 700,000 as a fine for a violation of the Road Traffic Act, and on November 24, 2017, the Defendant received a summary order of KRW 4 million as a fine for the same crime from the subsidies of the Daejeon District Court.

On February 22, 2020, at around 18:20, the Defendant driven a D K7 car in the state of alcohol alcohol content of about 2 km from the road in front of the public health clinic located in the Chungcheongnam-do Seoul Special Metropolitan City, Chungcheongnam-do to the road in front of the C Union located in approximately 18:25 on the same day.

Accordingly, the Defendant driven a motor vehicle under the influence of alcohol not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control of drinking driving;

1. The circumstantial statement of the employee;

1. Criminal records, etc. and application of summary order statutes;

1. Relevant Articles 148-2 (1) and 44 (1) of the Road Traffic Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

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

1. The reason for sentencing under Article 62-2 of the Criminal Act on probation and order to attend a lecture, even though the Defendant had been sentenced to a fine due to drinking driving twice, re-driving was conducted, and the blood alcohol concentration was equivalent to 0.112% even at the time of the instant drinking driving.

The fact that the defendant gets wrong and reflects his own mistake, and that there is no criminal record other than the previous criminal record, the fact that there is no other criminal record shall be considered in favor of the defendant.

In addition, the defendant's age, character and conduct, environment, circumstances of crime, and circumstances after crime, etc., all the factors of sentencing as shown in the arguments in this case shall be determined as ordered.