A defendant shall be punished by imprisonment for one year.

except that 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 September 12, 2012, the Defendant issued a summary order of KRW 3 million for a violation of the Road Traffic Act at the Seo-gu District Court’s Seo-Support on September 12, 2012. On December 8, 2017, the Defendant violated the prohibition of drunk driving by receiving a summary order of KRW 3 million for a violation of the Road Traffic Act (driving) at the Daegu District Court’s Daegu District Court.

【Criminal Facts】

On September 12, 2019, the Defendant driven a Fmast car in the state of 0.114% alcohol concentration at approximately 200 meters from the front of the C cafeteria located in Seo-gu, Daegu, 08:40 on the same day to the front road located in the same Gu D, from around 08:46 on the same day.

Therefore, although the defendant was punished as a drunk driving, he again driven a motor vehicle under the influence of alcohol.

Summary of Evidence

1. Defendant's legal statement;

1. Reporting on the autopsy of a case in violation of the Road Traffic Act, reporting on the situation of a drinking driver, reporting on the control of drinking and driving, and reporting on the results of the control of drinking and driving;

1. Previous convictions indicated in judgment: Criminal records, investigation reports, and application of Acts and subordinate statutes governing summary orders;

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. The reason for sentencing under Article 62(1) of the Criminal Act, even though the defendant had been sentenced twice to a fine due to drinking alcohol driving, was also under the influence of driving under the influence of drinking alcohol. The fact that the nature of the crime is not good and that the drinking alcohol is high is disadvantageous circumstances.

However, the punishment as ordered shall be determined in consideration of the overall sentencing conditions shown in the arguments of this case, such as the defendant's confession, mistake, the fact that there is no record of punishment exceeding the fine, the fact that drinking-related treatment is being provided, and the defendant's age, character and conduct, environment, family relationship, means and result of the crime, and circumstances after the crime.