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

On May 28, 2013, the Defendant received a summary order of KRW 3 million as a crime of violation of the Road Traffic Act from the Daegu District Court.

On June 25, 2020, at around 00:58, the Defendant driven Cmast Motor Vehicle at approximately 3 km from the roads near the Daegu Jung-dong Kim Gung-dong Kim-kon to the front road in the same city, while under the influence of alcohol of 0.304% of blood alcohol level.

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

Summary of Evidence

1. Statement of the police statement concerning D's legal statement of the defendant;

1. The circumstantial statement of the employee;

1. Application of the Act and subordinate statutes to inquiry reports on criminal records, investigation reports (the same type of criminal records and attachment of judgment);

1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1) and 44 (1) of the Road Traffic Act which choose the penalty;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. The sentencing grounds of Article 62-2 of the Criminal Act, including the fact that the defendant's error of the reason for sentencing or attending the course of probation or attending the course of education is not mitigated, and is disadvantageous to the disadvantage of the defendant, such as the fact that the defendant is against himself, other favorable circumstances such as the defendant's age, character and conduct, environment, means and result of the crime, etc., shall be determined as ordered by taking comprehensive account of the various sentencing conditions