However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

[criminal power] On October 17, 2013, the Defendant was issued a summary order of KRW 5 million for a violation of the Road Traffic Act (driving) at the Daegu District Court on the grounds of a violation of the Road Traffic Act, etc., and on October 27, 2016, the Defendant was sentenced to a suspended sentence of imprisonment with labor for one year for the same crime, etc. at the same court.

【Criminal Facts】

On June 21, 2020, at around 04:40, the Defendant driven a F rocketing car with a blood alcohol content of about 100 meters from the front of the restaurant located in Daegu Suwon-gu B to the front of the restaurant located in D, Daegu Suwon-gu, to a level of about 100 meters under the influence of alcohol content of about 0.186%.

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

Summary of Evidence

1. Statement of the defendant in court, G, and the police statement of H;

1. Report on the occurrence of a traffic accident, report on the actual condition, report on the circumstantial statement of a drinking driver, and notification of the results of crackdown on drinking driving;

1. Previous convictions in judgment: Criminal records, investigation reports, summary orders, and application of statutes governing the judgment;

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. Probation, community service order, and order to attend a lecture under Article 62-2 of the Criminal Act, the following circumstances: Defendant’s age, character and conduct, environment, motive, means and consequence of the crime, circumstances after the crime was committed, and other conditions of sentencing as ordered shall be comprehensively taken into account, and the sentence shall be determined as ordered.

Unfavorable circumstances: Crimes are inferior in light of the contents of crimes.

Even though there was a record of punishment for the same crime of drunk driving, including the previous conviction of probation, the crime of this case has been committed again.

The blood alcohol concentration is also very high at the time of crime.

The favorable circumstances: Recognizing the crime, it is against the law.

The vehicle is disposed of, and again, not to drive under the influence of alcohol.