1. The defendant shall be punished by imprisonment with prison labor for a period of one year and two months;

2.Provided, That the above sentence shall be executed for a period of two years from the date this judgment becomes final and conclusive.

Punishment of the crime

[criminal power] On November 23, 2006, the Defendant was issued a summary order of KRW 1 million for a crime of violating the Road Traffic Act in the Daegu District Court racing support. On February 21, 2017, the Defendant was issued a summary order of KRW 3 million for the same crime.

【Criminal Facts】

On November 2, 2019, at around 03:45, the Defendant driven a Dpoter Ⅱ in the state of alcohol alcohol concentration of about 0.232% from the 5km section from the front of a cafeteria in the Dongcheon-dong, Dongcheon-si to the front road of the C elementary school located in Sejong-si, the Defendant driven a Dpoter Ⅱ while under the influence of alcohol content of about 0.5 meters.

As a result, the defendant was a person with the history of violating the Road Traffic Act's prohibition of drinking driving, and again, was driving a vehicle under the influence of alcohol in violation of the above prohibition of drinking driving.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statements of a drinking driver, report on the circumstances of a drinking driver, and notification of the results of the crackdown on drinking;

1. One copy of a report on internal history and appraisal report;

1. Previous convictions indicated in judgment: Application of one copy of each of the criminal records, inquiry report, investigation report, and summary order;

1. Relevant provisions of the Act on Criminal Facts and Articles 148-2 (1) and 44 (1) of the Road Traffic Act that choose a penalty (the driving of sound and the selection of imprisonment);

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

1. Article 62 (1) of the Criminal Act (Considering reflectivity, difficulty in livelihood, home environment, etc.);

1. Article 62-2 of the Criminal Act concerning orders to provide community service and attend lectures;