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 power] On December 14, 201, the Defendant was sentenced to a fine of one million won for a violation of the Road Traffic Act (driving) at the Daegu District Court on December 14, 201; on July 25, 2012, the same court issued a summary order of 1.5 million won for the same crime; and on June 18, 2015, the same court was sentenced to imprisonment with prison labor for the same crime and for two years of suspended execution.

【Criminal Facts】

On June 25, 2019, the Defendant violated Article 44(1) of the Road Traffic Act more than twice, and once again driven the EMW car from the front side of the Cbank located in Daegu-gu B on June 25, 2019 to the front side of the same Gu, while under the influence of alcohol of about 0.117% from the 100-meter section to the same Gu.

Summary of Evidence

1. Defendant's legal statement;

1. Reporting on the detection of any suspected violation of the Road Traffic Act, reporting on the circumstantial statement of a drinking driver, notification of the control of drinking and driving, and inquiry into the results of the control of drinking and driving;

1. Previous convictions in judgment: Criminal records, summary orders, and application of statutes governing judgment;

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. Article 62 (1) of the Criminal Act;

1. Although the reason for sentencing under Article 62-2 of the Criminal Act, despite the fact that the defendant was punished three times by a fine due to drinking driving, or one time a suspended sentence of imprisonment, the fact that the defendant committed the instant crime is disadvantageous.

However, the sentencing conditions specified in the arguments of this case, such as the defendant's confession of the crime of this case and his mistake is divided, the distance of drinking driving is short, the rehabilitation treatment is being provided for a gold farm, and the defendant's age, character and conduct, environment, family relationship, means and result of the crime of this case, etc., shall be determined as ordered in consideration of all the sentencing conditions specified in the arguments of this case.