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

On August 7, 2017, the Defendant was issued a summary order of KRW 1.5 million for the crime of violating the Road Traffic Act in the Western Branch of the Daegu District Court on August 7, 2017.

On April 4, 2020, at around 01:20, the Defendant driven an E B Blue car in the state of alcohol with approximately 0.175% alcohol concentration from the 4km section from the front of the Daegu Seo-gu C cafeteria to the front road of the Daegu-gun D.

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition survey report;

1. Report on the circumstantial statements of a drinking driver, and inquiry into the results of the control of drinking driving;

1. An accident site photograph;

1. Criminal records of the judgment: Criminal records, inquiry reports, investigation status (verification of criminal records of the same kind), and application of statutes of the judgment;

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. The reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence is that the defendant had a history of having been punished by a fine for one time due to drinking driving, etc., but repeats the same crime. At the time of the instant case, the blood alcohol concentration of the defendant is very high to 0.175%, and the traffic accident caused by seriesing two vehicles of another person parked on the road while driving under the influence of alcohol, etc., it is necessary to strictly punish the defendant.

However, as seen earlier, the defendant shows the attitude of understanding the facts of crime, and the fact that there is no past record of criminal punishment other than the fine imposed once, etc. are considered favorable to the defendant, and the defendant's age, character and conduct, environment, family relationship, family environment, circumstances after the crime and circumstances after the crime, etc. shall be comprehensively taken into account, and the punishment as ordered shall be determined by taking into account the various sentencing conditions specified in the records and arguments of this case,