A defendant shall be punished by imprisonment for one year.

except that 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 August 29, 2016, the Defendant was issued a summary order of KRW 3 million as a crime of violating the Road Traffic Act (driving) at the Seo-gu District Court Branch Branch of the Daegu District Court.

【Criminal Facts】

On January 11, 2020, at around 01:15, the Defendant driven D rocketing car under the influence of alcohol content of about 0.123% from the 1km section from the front of a restaurant where it is impossible to know the trade name located in the Masan-si, Changwon-si, Changwon-si to the front roads located in C in the same Masan-si, Masan-si.

Therefore, although the defendant had a record of punishment for drunk driving, he also driven a motor vehicle while under the influence of alcohol.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the status of running a motor vehicle under consideration and investigation report (report on the circumstances of the driver under consideration);

1. Statement on the circumstances of the driver, report on the detection of the driver, and report on the driver;

1. Consent to blood collection, written confirmation, and written response to requests for appraisal;

1. Criminal records as indicated in the judgment: Application of criminal records, reply reports, and criminal investigation conditions (verification of criminal records of the same kind as a suspect) 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. The reason for sentencing under Article 62(1) of the Criminal Act, even though the Defendant had had a record of having been punished one time due to drunk driving, repeated the same crime.

At the time of the instant case, the Defendant’s blood alcohol concentration is very high to 0.123%.

In light of these points, it is necessary to strictly punish the defendant.

However, as seen earlier, the fact that the defendant has been aware of the fact of the crime, and the fact that the defendant has no record of criminal punishment other than the fine imposed once due to drinking driving, etc. shall be considered as favorable to the defendant. In addition, the defendant's age, character, character, environment, family relationship, family environment, circumstances of the crime, and circumstances after the crime, etc.