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 record] On July 20, 2017, the Defendant was sentenced to suspension of indictment at the Daegu District Public Prosecutor's Office's Branch Office of the Daegu District Public Prosecutor's Office as a crime of violating road traffic law, and on December 3, 2020, at the Daegu District Public Prosecutor's Branch, the Defendant was sentenced to suspension of execution for three years due to a crime of violating the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (special rape) in the Daegu District Public Prosecutor's Office's Support for the

[2] On September 20, 2020, around 05:15, the Defendant driven D JYAX125 R, while under the influence of alcohol leveling approximately 0.15% of alcohol leveling from around 1.1km to the road north 171, YAYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYE, from around the main point of the border of the G-si, YOYYYYYYYYYYM, to the road

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

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the occurrence of a traffic accident, a survey report on actual condition, a report on the situation of the driver at the scene of an accident, a report on investigation (report on the situation of the driver at the scene), a report on the results of crackdown on the driving of drinking alcohol (related to the application of the aforementioned dmark), and a report on investigation (bor

1. A previous conviction: A reply to inquiry, such as criminal history, reporting on a previous conviction and results of confirmation, reporting on an investigation (a disposition of suspending the driving of a suspect under the influence of alcohol), and application of Acts and subordinate statutes concerning investigation status;

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. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

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 grounds for sentencing under Article 62-2 of the Criminal Act include the following: (a) the Defendant was driven under the influence of 0.121% in the age of 17 years and was subject to the disposition of suspension of indictment; (b) the amount of alcohol concentration in blood is relatively high; and (c) there was a risk of causing harm to the life and body of other persons as well as the Defendant in light of the result of an accident.