A defendant shall be punished by imprisonment for one year.

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

Punishment of the crime

[criminal history] On October 31, 2016, the Defendant was issued a summary order of KRW 4 million due to a violation of road traffic law (drinking driving) in the resident support of the Daegu District Court.

[2] The Defendant, at around 00:20 on November 10, 2020, driven a Eba vehicle while under the influence of alcohol concentration of about 0.159% from the “C” parking lot located in B at around 00:20 to the “D” road.

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. Statement by the defendant in court;

1. Notification of the results of regulating the driving of drinking, inquiry of the results of regulating the driving of drinking, and statement of the situation of the driver;

1. Previous convictions in judgment: Inquiry about criminal history and application of Acts and subordinate statutes of investigation report (the previous confirmation of criminal history);

1. Article 148-2(1) and Article 44-2(1) of the former Road Traffic Act (amended by Act No. 17371 of Jun. 9, 2020), Articles 148-2(1) and 44(1) of the same Act, the selection of punishment 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 suspended execution;

1. The reason for sentencing under Article 62-2 of the Criminal Act, even though the Defendant had been punished for drinking driving in 2016, repeated the crime.

The defendant's alcohol concentration at the time of the instant case is very high to 0.159%, and the 1112 reported, the risk of the defendant's driving of alcohol was significantly high.

The circumstances after the crime are not good, such as taking a bath to a police officer immediately after the defendant's crackdown.

In this respect, the issue is not easy.

However, considering the fact that the criminal records of the defendant's same punishment are only once the above fine, the punishment shall be determined by comprehensively taking into account the defendant's age, character and character environment, motive means of crime, circumstances after crime, etc., and all of the sentencing conditions stated in the arguments and records. It is so decided as per Disposition by the court below to suspend the execution of the punishment only once.