Defendant shall be punished by imprisonment for a term of one year and two 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 17, 2007, the Defendant driven a motor vehicle under the influence of alcohol level of 0.089% on September 17, 2007, and received a summary order of KRW 700,000,00 as a fine for a violation of the Road Traffic Act (driving) from the Youngju District Court Branch of Youngju on November 2, 2007.

On March 27, 2020, at around 15:37, the Defendant driven a motor vehicle under the influence of alcohol with approximately 5km alcohol concentration of 0.170% from the section of about 5km from the Do in front of the Chungcheongnam-gun, Chungcheongnam-gun B to the front parking lot of the same military apartment D-dong.

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. Making a report on the control of drinking driving;

1. Criminal records in judgment: Application of criminal records, inquiry reports, and summary order Acts and subordinate statutes;

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 the sentencing of Article 62-2 of the Criminal Act and the main sentence of Article 59(1) of the Act on Probation, etc. is one of the important factors to increase the risk of traffic accidents, and thus, the frequency of accidents is high, which may cause a huge threat to not only drinking drivers themselves but also other people's lives, bodies, etc., and social damage caused by drunk driving is increased. Therefore, it is necessary to impose strict liability on drinking drivers.

As seen earlier, the Defendant was punished once as a crime of violating the Road Traffic Act, while driving a motor vehicle under the influence of alcohol level of 0.143% on February 6, 2004, and causing injury to another person by causing a traffic accident, and receiving a summary order of KRW 2.5 million on March 16, 2004 from the Young-dong District Court’s Young-dong branch, the Defendant received a summary order of KRW 2.5 million on March 16, 200.

Nevertheless, the Defendant committed the instant crime by driving under the influence of alcohol.

In particular,