A defendant shall be punished by imprisonment for a term of one year and four months.

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 September 15, 2017, the defendant is a person who has been punished for a majority of the crimes of the same kind, such as being sentenced to suspension of indictment for a violation of the Road Traffic Act at the jurisdiction of the Cheongju District Prosecutors' Office.

Nevertheless, at around 03:50 on May 2, 2020, the Defendant driven an Epoter II motor vehicle with a blood alcohol concentration of approximately 0.202% at the section of approximately 33.5 km from the front of the Chungcheongnam-gun B to the front of the D incheon-si, Chungcheongnam-si.

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

Summary of Evidence

1. Defendant's legal statement;

1. A statement of the occurrence of a traffic accident prepared by the F;

1. Report on the results of crackdown on drinking driving and on the circumstantial statement of a drinking driver;

1. Reporting on the occurrence of a traffic accident;

1. A traffic accident report;

1. A CD with a photograph of the scene of the accident or CCTV image taken on the scene of the crime;

1. Investigation report (Confirmation of the distance of drinking driving of the accused);

1. Previous convictions indicated in the judgment: Criminal records, inquiry reports, and the application of Acts and subordinate statutes;

1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1) and 44 (1) of the Road Traffic Act which choose the penalty;

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

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

1. According to the reasons for sentencing under Article 62-2 of the Criminal Act, the punishment as ordered shall be determined by taking into account the various sentencing conditions shown in the records and arguments of this case, such as the circumstances and age of the defendant, character and conduct, family environment, motive, means and consequence of the crime, the circumstances after the crime, etc.

There is a record that the defendant was punished as a fine for a crime of violation of the Road Traffic Act in 2000 and 2004, and the defendant was suspended from indictment for the same crime in 2017.

The blood alcohol concentration is relatively high, and the driving distance is the long distance.

The favorable circumstances: At the time of crime and the mistake are divided.

The record of punishment exceeding the fine due to the same crime is.