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 November 16, 2012, the Defendant received a summary order of KRW 3 million as a crime of violating the Road Traffic Act from the Cheongju District Court.

On April 27, 2020, the Defendant was under the influence of alcohol of 0.134% from blood alcohol level around 23:40, the Defendant driven a C-Wd-Wd-Wd-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the state of drinking drivers, and notice of the result of the control of drinking driving;

1. Application of Acts and subordinate statutes to criminal records, inquiry reports, and investigation reports;

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 requires a strict punishment of the defendant when considering the fact that the defendant committed a crime of drinking alcohol again even though he/she had a previous conviction twice, and caused a traffic accident.

However, it is difficult to say that the defendant was unable to repeat the crime while committing a crime against the wrongness, and that the criminal records of the above drunk driving are both fines before 2012 and the defendant has no criminal record exceeding the fine. In full view of the blood alcohol concentration and driving distance of the case, the defendant's age, character and conduct, and circumstances before and after the crime, etc., the suspension of execution is ordered under the condition of the order to attend a lecture, and the sentence is determined as ordered by the order to attend a lecture.