A defendant shall be punished by imprisonment for not less than one year and six 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

[Criminal Power] On November 24, 2006, the Defendant issued a summary order of KRW 1 million for a violation of the Road Traffic Act at the Daegu District Court, and on September 25, 2017, the Defendant was sentenced to a fine of KRW 1.5 million for a violation of the Road Traffic Act at the Daegu District Court.

【Criminal Facts】

Around 02:15 on April 23, 2020, the Defendant, while under the influence of alcohol 0.093%, driven a FK3 vehicle from approximately 500 meters to the front road located in Daegu-gu D located in the south-gu, Daegu-si, while under the influence of alcohol 0.093% of alcohol level.

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

Summary of Evidence

1. For a criminal record as stated in the judgment, a report on the occurrence of a traffic accident by a defendant's legal statement, a traffic accident scene, and a report on actual condition of an accident vehicle's photograph, the report on actual condition of the driver, the driver's license, the report on actual condition of the driver's license, and the investigation report on the result of the

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. Considering that probation, community service order, and order to attend the course of sentencing under Article 62-2 of the Criminal Act, despite the fact that the defendant had been subject to punishment for the same kind of crime, he/she again commits the crime in this case, the negative figure is 0.093% higher, a large number of past criminal records, and the suspension of execution of imprisonment, even if there were the past records, he/she again leads to the crime, it shall be considered as the grounds for sentencing favorable to the confession of the defendant, and considering all other circumstances, such as the defendant’s age, family relationship, circumstances leading to the crime, and circumstances after the crime