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 April 28, 2016, the Defendant was sentenced to a fine of KRW 5 million due to a violation of the Road Traffic Act (driving) in the Daegu District Court racing support.

【Criminal Facts】

On October 4, 2019, at around 02:42, the Defendant driven a DNA motor vehicle in the state of alcohol of about 10k alcohol concentration of about 0.120% from the 10km section to the roads in front of C located in the same city and south-gu, Nam-gu.

As a result, the defendant was a person with the history of violating the Road Traffic Act's prohibition of drinking driving, driving a motor vehicle under the influence of alcohol again in violation of the above prohibition of drinking driving.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the result of the drinking driving control;

1. An inquiry report, such as a criminal history;

1. Application of Acts and subordinate statutes confirming the history of drinking driving;

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 reasons for sentencing under Article 62-2 of the Criminal Act of the community service order shall be determined by comprehensively taking into account the background of the crime in this case, the numerical value of blood alcohol concentration, the criminal records, and other various factors of sentencing, including the defendant's age, occupation and environment;