A defendant shall be punished by imprisonment for two years.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Punishment of the crime

[Power of crime] On March 23, 2015, the Defendant received a summary order of KRW 1 million as a crime of violating Road Traffic Act (drinking driving) in the public order of Daejeon District Court on March 23, 2015.

[2] On August 23, 2020, around 21:50, the Defendant driven Category C cargo vehicle under the influence of alcohol content of approximately 25 km from around 25 km to the national highways of approximately 44 mn-gild in the same city street from around 21:50 on August 23, 2020.

Accordingly, the Defendant violated the prohibition of drinking alcohol driving regulations not less than twice.

Summary of Evidence

1. A report on the circumstances of the driver who is placed in the police interrogation protocol, the investigation report (the circumstances of the driver placed in the police), the control records, and the on-site photo of the defendant involved in the accident;

1. Previous conviction: Application of an inquiry letter, such as criminal history, and an investigation report (the same criminal history of the suspect) statute;

1. Relevant Article of the Act and Articles 148-2 (1) and 44 (1) of the Road Traffic Act concerning the facts constituting an offense;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The grounds for sentencing of Article 62-2 of the Criminal Act, including the protection and observation of the community service order and the order to provide community service, and the order to attend a lecture, committed a crime of the same kind repeatedly even though they had the record of punishment for driving under drinking, and caused a traffic accident while driving a road on the same condition with a high drinking level. The risk of driving under drinking cannot be deemed to be light, recognizing and reflecting the mistake, and other factors of sentencing as shown in the instant records and trial process, such as the defendant's age, sexual behavior, intelligence and environment, family relationship, motive, means and consequence of the crime, etc., shall be comprehensively taken into account.