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 May 14, 2010, the Defendant was issued a summary order of KRW 4 million on November 1, 2010 with a fine of KRW 0.107% due to a violation of the Road Traffic Act (driving) at the Daejeon District Court on November 1, 2010, while driving a motor vehicle under the influence of alcohol with a maximum of 0.29% alcohol level. On July 27, 2010, the Defendant was issued a summary order of KRW 3 million due to the same offense by the same court, etc.

On April 12, 2020, at around 23:45, the Defendant driven an E 9 passenger vehicle under the influence of alcohol with a blood alcohol concentration of 0.202% in the section of about 5km from the Do in front of the restaurant C in the Chungcheong-gun B to the front of D.

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. The circumstantial statement of the driver, the investigation report, the records of seizure (Submission in the circumstances of the driver), the list of seizures, and the video records and video CDs;

1. Criminal records indicated in the judgment: Application of criminal records, inquiry reports, and summary order-related 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.

Although the Defendant had been punished by a fine for driving three times including the foregoing, the Defendant committed the instant crime by driving under the influence of alcohol while driving under the influence of alcohol.

In particular,