A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Punishment of the crime

[criminal history] On December 27, 2010, the Defendant was issued a summary order of KRW 2 million as a crime of violating the Road Traffic Act in the resident support by the Daegu District Court.

[Criminal facts] On October 4, 2020, the Defendant driven a E car with alcohol level of about 200 meters from the 200-meter section to the entrance distance intersection at D elementary school located in B at the time of stay at around 17:34, 2020, while under the influence of alcohol level of about 0.135%.

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. Statement by the defendant in court;

1. Notification of the results of regulating the driving of drinking, inquiry of the results of regulating the driving of drinking, and statement of the situation of the driver;

1. Previous convictions in judgment: Inquiry about criminal history and application of Acts and subordinate statutes of investigation reports;

1. Article 148-2(1) and Article 44-2(1) of the former Road Traffic Act (amended by Act No. 17371 of Jun. 9, 2020), Articles 148-2(1) and 44(1) of the same Act, the selection of punishment for a crime

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing under Article 62-2 of the Criminal Act on orders to provide community service and attend lectures is highly likely to criticize the Defendant in that he/she repeated the crime, even though he/she had been punished five times or more prior to the instant case.

At the time of the instant case, the alcohol concentration level is 0.125% high.

However, considering the fact that the defendant was punished by a fine in both the same kind of punishment and the last ten years has elapsed since 2010, the punishment shall be determined by comprehensively taking into account the defendant's age, character and conduct environment, motive means of crime, results of crime, circumstances after crime, etc., and all of the sentencing conditions stated in the arguments and records, and the execution of the punishment shall be suspended only once.