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.

Criminal facts

【Criminal Power】 On June 2, 2011, the Defendant was sentenced to a fine of one million won as a crime of violating the Road Traffic Act (driving) at the port support of the Daegu District Court.

【Criminal Administration” around 01:00 on November 6, 2019, the Defendant driven CM6 vehicle volume in the state of alcohol with approximately 8km alcohol concentration of about 0.137% from the 8km section from the 01:0 on the road in the north-gu, Heung-gu, Chungcheongnam-gu, Chungcheongnam-do to the front road in front of the same Gu.

Accordingly, the defendant violated Article 44 (1) of the Road Traffic Act not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the criminal place, the state of his/her oral statement, and notification of the result of the drinking driving control;

1. Previous records of judgment: Criminal records, reply reports, and application of Acts and subordinate statutes to investigation reports;

1. Relevant laws concerning criminal facts, Articles 148-2 (1) and 44 (1) of the Road Traffic Act which choose the penalty, and the choice of imprisonment;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. Taking into account the fact that Article 62-2 of the Criminal Act on Probation and Order to Attend Training contains a high blood alcohol concentration for the reason of sentencing, the fact that there is a little gap between the criminal records as the sole punishment power and the criminal records, and the fact that the defendant reflects the mistake, etc.