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 September 7, 2010, the Defendant was issued a summary order of KRW 1,50,000 as a fine for a violation of the Road Traffic Act (driving) at the Seo-gu District Court Branch Branch of the Daegu District Court.

[Criminal Power] On July 1, 2020, the Defendant driven a D-hurd vehicle under the influence of alcohol level of 0.041% in the section of about 10km from the roads in front of C in Daegu-gu, Daegu-gu, to the roads near the large market distance in the same city.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Statement on the circumstances of a drinking driver, report on the circumstances of a drinking driver, and inquiry into the results of the crackdown on drinking;

1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes concerning criminal records and investigation reports (compact of summary orders for sound driving and request for submission of trial proceedings);

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. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Criminal Act - Even if two times of drinking driving skills (2004, 2010), recidivism was committed, the crime was committed, and the blood alcohol content is relatively low to 0.041%, and the above punishment history was both fines, and ten years have elapsed from the time of the final punishment, and the elderly was considered.