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 May 19, 2006, the Defendant issued a summary order of a fine of one million won for a violation of the Road Traffic Act in the Daegu District Court Kimcheon-do branch on the charge of violation of the Road Traffic Act, and on March 5, 2014, the Defendant issued a summary order of a fine of three million won for a violation of the Road Traffic Act at the Daegu District Court on March 5, 2014.

【Criminal Facts】

On February 14, 2020, at around 19:50, the Defendant driven a car with FMobage under the influence of alcohol content of about 0.123% from the 400-meter section from the front road in Gumi-si B to the same city D and Eo-distance road.

Accordingly, the defendant violated Article 44 (1) of the Road Traffic Act not less than twice.

Summary of Evidence

1. Defendant's legal statement;

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

1. Previous records of judgment: Criminal records, inquiry reports and application of Acts and subordinate statutes to investigation reports (verification of the same type of suspect records);

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. Probation and community service order, order to attend lecture, and the reason for sentencing under Article 62-2 of the Criminal Act are recognized to be erroneous by the defendant. When committing the instant crime, the punishment as ordered shall be determined by comprehensively taking into account all the sentencing conditions shown in the records and arguments of the instant case, including the defendant's blood alcohol concentration, driving distance, circumstances leading to the defendant's driving, the defendant's state at the time of driving, the defendant's health conditions at the time