A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Punishment of the crime

[Criminal Records] On August 30, 201, the Defendant was sentenced to six months of imprisonment with labor for a violation of road traffic laws at the Daegu District Court.

[Criminal facts] On September 11, 2020, the Defendant driven an E-to-be under the influence of alcohol content of about 20 meters from the 20-meter section from the D cafeteria to the D cafeteria road located at the time of stay at around 01:46, the Defendant was under the influence of alcohol content of about 0.191%.

Accordingly, the Defendant violated Article 44(1) of the Road Traffic Act prohibiting driving under the influence of alcohol at least twice.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating the driving of drinking alcohol and a statement in the circumstances of the driver of drinking alcohol;

1. Previous convictions in judgment: Inquiry about criminal history and application of Acts and subordinate statutes of investigation report (the previous confirmation of criminal history);

1. Relevant provisions of the Act and Articles 148-2 (1) and 44 (1) of the Road Traffic Act and the selection of imprisonment for a crime;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing under Article 62-2 of the Criminal Code of the Social Service Order and Article 62-2 of the same Act, including a punishment for drinking driving, has five times the career of punishment.

Nevertheless, the defendant's criminal liability is heavy in that he/she is driving at once in the state of drinking 0.191% of alcohol concentration among bloodless transfusions.

However, considering the fact that the last record of the defendant's punishment was about nine years in 201, the distance of the defendant's driving Otoba is less than 20 meters, the defendant supports the mother, and the punishment is determined by comprehensively considering the defendant's age, character and character environment, motive and means of the crime, circumstances after the crime, etc., and all of the sentencing conditions stated in the arguments and records, such as the defendant's age, character and character environment, motive and means of the crime, and circumstances after the crime, the execution of the punishment is suspended only once,