A defendant shall be punished by imprisonment for not less than one year and six months.

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

[Criminal Power] On November 29, 2018, the Defendant received a summary order of a fine of five million won for a crime of violation of the Road Traffic Act from the Cheongju District Court.

[Criminal facts] On April 21, 2020, at around 23:25, the Defendant driven an EK5 vehicle while under the influence of alcohol with about 300 meters alcohol concentration of about 0.202% from the 300-meter section from the Daejeon Seodong-gu B to the roads of Skimarket in C.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the statement of the state of drinking drivers, and written report on the results of the control of drinking driving;

1. 교통사고보고⑴⑵, 사고현장 사진(7장)

1. Criminal records, inquiry reports, and application of summary order-related Acts and subordinate statutes;

1. Relevant Article of the Act on the Crime, Articles 148-2 (1) and 44 (1) of the Road Traffic Act, the choice of punishment; Selection of imprisonment;

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

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

1. It shall be decided as ordered on the grounds of Article 62-2 of the Criminal Act or more of orders to provide community service and attend lectures;