Defendant shall be punished by imprisonment for a term of one year and two months.

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

On December 28, 2009, the Defendant was issued a summary order of 2.5 million won for a crime of violating the Road Traffic Act (driving) at the Seo-gu District Court’s branch branch on December 28, 2009, and on February 4, 2010, the Defendant was sentenced to a fine of 3 million won for a crime of violating the Road Traffic Act (recovering to take measurements of drinking), etc. at the Daegu District Court’s branch on February 4, 2010, and was sentenced to a suspended sentence of 8 months for a violation of the Road Traffic Act (recovering to drive) at the Daegu District Court’s branch on November

At around 01:20 on July 6, 2020, the Defendant driven an E rocketing car with approximately 500 meters alcohol concentration 0.138% under the influence of alcohol in the section from the front of the Daegu Dong-gu, Daegu to the front of D.

Accordingly, the defendant violated the prohibition of drinking driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the actual condition, report on the circumstantial statement of a drinking driver, and report on the control of drinking driving;

1. On-site photographs;

1. Application of Acts and subordinate statutes to report criminal records, etc. and investigation reports (report on the confirmation of criminal records of the same kind of suspect);

1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1), 44 (1) and (2) of the Road Traffic Act that 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 error of the defendant for the reason of sentencing under Article 62-2 of the Criminal Act is not somewhat weak, the defendant's age, character and behavior, environment, means and result of the crime, circumstances after the crime, economic situation, etc. are considered, the punishment as ordered shall be determined in full view of various sentencing conditions shown in the trial process of this case.