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 10, 2007, the defendant was issued a summary order of a fine of three million won at the Daegu District Court for the crime of violation of the Road Traffic Act.

【Criminal Facts】

On March 12, 2020, at around 21:40, the Defendant driven a F NewxG car while under the influence of alcohol concentration of approximately 0.174% at a section of about 400 meters from the front of the headquarters of the CF in Seo-gu, Daegu to the front of the ENV street located in Daegu-gu D.

As a result, the Defendant driven a motor vehicle under the influence of alcohol not less than twice in violation of the prohibition on drinking.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning G;

1. The actual condition survey report;

1. Report on the circumstantial statement of a drinking driver (A) and inquiry into the results of the control of drinking driving;

1. Criminal records as indicated in the judgment: Application of criminal records, reply reports, and investigation conditions (verification of sound driving records) Acts and subordinate statutes;

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 under Article 62-2 of the Criminal Act requires a strict punishment against the defendant in light of the fact that the defendant had been punished twice by a fine due to drinking alcohol driving, even though he had a history of punishment by a fine due to a refusal of drinking alcohol measurement, and that the blood alcohol concentration of the defendant at the time of the instant case is very high to 0.174%.

However, in light of the fact that the defendant was aware of the facts of the crime, the fact that there was no record of criminal punishment after July 2009, etc., the defendant's age, character and conduct, environment, family relationship, family environment, circumstances after the crime, etc., as well as various sentencing conditions specified in the records and arguments of this case, including the defendant's age, character and conduct, family relationship, family environment, circumstances after the crime, etc., shall be