A defendant shall be punished by imprisonment for one year.

Punishment of the crime

[criminal power] On October 23, 2006, the Defendant issued a summary order of a fine of three million won due to a violation of the Road Traffic Act (driving) in the Daegu District Court Kimcheon Branch on the same support on June 5, 2008, a fine of two million won due to a violation of the Road Traffic Act (driving). From the same support on October 9, 2008, the Defendant was sentenced to a summary order of two million won. From the same support on October 9, 2008, the Defendant was sentenced to a suspended sentence of two years for imprisonment with prison labor for a violation of the Road Traffic Act (driving) and from the same support on February 8, 2018 to a suspended sentence of two years.

【Criminal Facts】

On April 28, 2020, at around 22:25, the Defendant driven a F-wing and 1 ton cargo vehicle with a blood alcohol concentration of 0.112% in a section of about 300 meters from the parking lot in the Gu and America, to the front of the E in the Gu and America.

Accordingly, the Defendant violated the duty of prohibition of driving under the influence of alcohol not less than twice.

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. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes to investigation reports;

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. The reason for sentencing under Article 53 and Article 55(1)3 of the Criminal Act for discretionary mitigation is that the Defendant had a record of being punished seven times, including two times of suspended sentence due to drunk driving, and the period of suspended sentence due to the Road Traffic Act (hereinafter referred to as the "Food Driving") has lapsed, and the Defendant committed the instant crime, and the fact that the blood alcohol concentration is not low is disadvantageous to the Defendant.

However, various sentencings shown in the records, such as the fact that the defendant recognized the crime, the driving distance is short, the fact that there is no past record, and the defendant's age, character and behavior, environment, motive or circumstance of the crime, means and method of the crime, the contents and results thereof, and the circumstances after the crime.