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 December 28, 2006, the Defendant issued a summary order of KRW 1 million to the Daegu District Court for a violation of the Road Traffic Act (driving). On December 22, 2010, a summary order of KRW 3 million to the same criminal name in the same court on December 22, 2010, and a summary order of KRW 3.5 million to the same criminal name on January 30, 2015, respectively.

【Criminal Facts】

Around 05:10 on September 7, 2019, the Defendant driven a DK7 car from approximately 2 km to the front of a restaurant in the trade name B, Daegu-gun, Daegu-gun, to the front of the Daegu-gu, Seo-gu, Daegu-gu, while under the influence of alcohol by 0.142% of alcohol content.

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

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. The circumstantial statement statement and investigation report of the employer (the circumstantial report of the employer-employed driver);

1. Eight copies of the photograph; and

1. Previous records before ruling: Criminal records, inquiry reports, and application of Acts and subordinate statutes to investigation reports (examination of criminal records of a suspect);

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. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act: The punishment shall be determined as ordered by considering all the circumstances, such as the defendant's age, character and behavior, environment, motive and background of the crime, means and consequence of the crime, and the circumstances after the crime, etc., which are the conditions for sentencing as shown in the argument of this case, such as the fact that the defendant was sentenced to three times a fine due to drinking driving, the fact that drinking water is high, and that there is no other force of punishment other than the above past force;