A defendant shall be punished by imprisonment for one year.

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 August 12, 2011, the Defendant was issued a summary order of KRW 2.5 million for the crime of violating the Road Traffic Act in the Daegu District Court Kimcheon-do.

At around 01:40 on April 19, 2020, the Defendant, despite having violated the provision on the prohibition of drunk driving, was driving from the front side of the “C” located in the Dong-gu, Ansan-si to the front side of the Dong-gu, Ansan-si, whose blood alcohol content is 0.136% while under the influence of alcohol.

Accordingly, the defendant violated the prohibition of drinking driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Reading report, report on the actual state of a drinking driver, and inquiry into the results of the control of drinking driving;

1. On-site photographs;

1. Application of Acts and subordinate statutes of one copy of criminal records, reply reports, and summary order;

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. The grounds for sentencing under Article 62-2 of the Criminal Act, including the fact that the defendant's error in the grounds for sentencing or attending the course of probation or attending the lecture, is not somewhat weak, the occurrence of traffic accidents, disadvantageous circumstances such as the occurrence of traffic accidents, and the fact that the defendant is against the defendant, and other favorable circumstances such as age, character and behavior, environment, circumstances, means and result of the crime, circumstances after the crime, family relations, etc., shall be determined as the same as the disposition.