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 November 27, 2008, the Defendant was issued a summary order of KRW 700,000 as a crime of violation of the Road Traffic Act in the resident support of the Daegu District Court.

【Criminal Facts】

On June 9, 2020, around 00:58, the Defendant driven a F Poter Cargo under the influence of alcohol content 0.113% at a section of approximately 1.5 km from the front of the “CPoter” store located in Seodaemun-si B to the front of the “EM agency” located in D in the same city.

Accordingly, the defendant violated Article 44 (1) of the Road Traffic Act prohibiting driving under the influence of alcohol at least twice.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the crackdown on drinking driving, the results of crackdown on drinking driving, and the circumstantial statement of a drinking driver;

1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes concerning criminal records and 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. 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 Article 62-2 of the Criminal Act, despite the fact that the defendant had been punished for drinking driving, re-offending the order.

The defendant's blood alcohol concentration is also 0.113%.

However, considering the fact that the previous punishment power of the defendant was imposed on one occasion in 2008, the punishment shall be determined by comprehensively taking into account the following factors: the defendant's age and behavior environment; the motive means and results of the crime; and the circumstances after the crime, etc.; however, the punishment shall be suspended only once. It is so decided as per Disposition with the intention to suspend the execution of the punishment.