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 26, 2016, the Defendant received a summary order of KRW 1 million as a crime of violating the Road Traffic Act (driving) in the resident support of the Daegu District Court.

【Criminal Facts】

On April 7, 2020, the Defendant, at around 20:21, driven a Eone Star car with a blood alcohol content of about 0.151% while under the influence of alcohol from around 1km to D apartment parking lot at the time of stay in C, which is located in B.

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. Defendant's legal statement;

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

1. Previous convictions in judgment: Application of criminal records and investigation reports (verification of suspect driving records) and 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, despite the fact that the defendant had been punished for drunk driving in 2016, was also driving under the influence of alcohol.

At the time of the instant case, the blood alcohol concentration is also 0.151%.

However, considering the fact that the criminal records of the defendant are different from the fine, the punishment of the defendant shall be determined by comprehensively taking into account the following factors: the defendant's age and happiness environment; the motive and means of the crime; and the circumstances after the crime, etc., and all the sentencing conditions stated in the arguments and records, and the execution of the punishment shall be suspended at once.