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 February 8, 2007, the defendant was sentenced to a fine of one million won for a violation of the Road Traffic Act (driving) at the Daejeon District Court on February 8, 2007.

On May 23, 2020, the Defendant driven D’s E Car Quantities in the state of being drunk from May 23, 2020 to the old end of the Dae-gu Belel in the large exhibition from May 22:53, 202 to the old end of the Curherel.

Summary of Evidence

1. Defendant's legal statement;

1. Investigation report on circumstantial statements of a host driver;

1. Report on the circumstances of the driving of a motor vehicle;

1. Making a report on the control of drinking driving;

1. Previous convictions indicated in judgment: Application of a copy of the summary order of Criminal Records, Daejeon District Court Decision 2006 High Court Decision 26200, No. 26200;

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 Defendant’s blood alcohol concentration was relatively high as 0.092% at the time of committing the instant crime on the grounds of the sentencing of Article 62-2 of the Criminal Act on community service and lecture attendance order, and the degree of the master practice was reasonable due to incorrectness.

Nevertheless, since the defendant has increased the risk of traffic accident by driving a motor vehicle as stated in its reasoning, the illegality of the crime is serious.

Nevertheless, the Defendant expressed his intent to suppress the control at the time of the control, demanding that the police officer inform the police officer of the method of lowering the driver's license as the suspension, and refused to affix a seal to all the documents presented by the police officer, such as the situation of the driver's statement, and the circumstances after the crime are also poor.

In particular, since the defendant committed the crime of this case again even though he had been punished twice due to drinking driving in the past, there is a high possibility of criticism.

However, the defendant is fully aware of and against all of the crimes of this case, and the defendant is punished in excess of a fine.