A defendant shall be punished by imprisonment for one year.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Punishment of the crime

On June 2, 2017, the Defendant received a summary order of KRW 1 million as a crime of violating the Road Traffic Act (drinking driving) from the Seogu District Court Branch on the part of the Defendant.

On May 24, 2020, the Defendant driven E X-ray car under the influence of alcohol level of about 0.073% during blood in the 2km section from the front day of the “C Mana” road in Daegu-gun, Daegu-gun, to the road in the same Do apartment complex in the same Gun D apartment complex.

Accordingly, the Defendant violated the prohibition of drinking under the Road Traffic Act more than twice.

Summary of Evidence

1. The defendant's legal statement statement report, investigation report, inquiry report about the result of crackdown on drinking driving, criminal records, etc., investigation status (verification of the criminal records of the suspect), application of summary order-related Acts and subordinate statutes;

1. Relevant provisions of the Act and Articles 148-2 (1) and 44 (1) of the Road Traffic Act and the selection of imprisonment for a crime;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the stay of execution (see, e.g., Article 62 (1) of the Criminal Act (see, e.g., Supreme Court Decision 2009Do149