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.

Criminal facts

On March 10, 2016, the Defendant received a summary order of KRW 1 million from the Daejeon District Court to a fine for a violation of the Road Traffic Act, and on May 26, 2016, the above court received a summary order of KRW 4 million from a fine for the same crime.

On July 15, 2020, at around 02:13, the Defendant driven a D-burged car in the state of alcohol alcohol concentration of about 7km from around the 7km section to the front road of the C-ju station located in Daejeon Seo-gu, Daejeon, where it is difficult to know the trade name of the new vibration of the Daejeon Seo-gu.

Accordingly, the defendant violated Article 44 (1) of the Road Traffic Act not less than twice.

Summary of Evidence

1. Previous records on the judgment of the defendant in his/her legal statement: Application of Acts and subordinate statutes to inquiry inquiry reports and investigation reports (verification of the same kind of records);

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 is a serious crime that causes serious danger and injury to the life, body, property, etc. of an unqualified person. Thus, the defendant who committed the crime of this case should be held legally liable for severe liability corresponding to the act. Despite the fact that the defendant had had been already punished twice due to drunk driving like the previous record in the judgment, the defendant committed the crime of this case at the same time. The defendant's blood alcohol concentration was considerably high at the time of the crime of this case. The defendant's age, character, environment, motive, means and consequence of the crime of this case, and all other circumstances shown in the records and arguments, including the circumstances after the crime of this case, shall be determined as per the order, comprehensively taking into account the following factors.