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

[Criminal Power] On March 23, 2017, the Defendant was issued a summary order of KRW 5 million on the grounds of the violation of the Road Traffic Act (driving) in the Daegu District Court’s Ansan Branch.

【Criminal Facts】

On December 7, 2019, the Defendant driven a B et al. in the state of alcohol alcohol concentration of approximately 10km from the section of about 10km to the front road of the public morals tunnel, where he is in the same city from the front of the French-dong road to the French-si road.

As a result, the Defendant violated the regulations on the prohibition of drunk driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Criminal place, report on the autopsy of occurrence of the case, report on the result of crackdown on drinking driving, inquiry of the results of crackdown on drinking driving, investigation report (attached to the details of the report and the detailed statement of handling the 112 reported case);

1. Previous convictions indicated in judgment: The application of criminal records and investigation reports (prior convictions of suspects) and Acts and subordinate statutes;

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 reason for sentencing under Article 62-2 of the Criminal Code of the Order of Education and the Order of Community Service was that the defendant had been punished for the same kind of offense in total four times, but the crime of drinking driving in this case is not good.

However, in light of the circumstances favorable to the defendant, such as the defendant's occupation, age, character and conduct, environment, motive, background, means and consequence of the crime, and circumstances after the crime, the punishment as ordered shall be determined in accordance with the order.