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

On October 29, 2019, the Defendant received a summary order of KRW 2 million as a crime of violating road traffic law (drinking driving) from the Seogu District Court Branch on October 29, 2019.

On April 15, 2020, the Defendant driven a F bargaining car at approximately 6km section from the front side of Daegu-gu to the front side of the E store located in Daegu-gu D while under the influence of alcohol content of 0.161% among the blood transfusion around 09:02.

Accordingly, the Defendant violated the prohibition of drinking under the Road Traffic Act more than twice.

Summary of Evidence

1. The notification of the defendant's legal statement of his/her actual condition of alcohol driving control, inquiry of his/her criminal history, such as the defendant's report on the circumstances of the driver placed in driving, investigation status (verification of previous history), and the application of Acts and subordinate statutes of Part I

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 provides community service and order to attend a lecture under Article 62-2 of the Criminal Act, which causes an accident, is disadvantageous to the defendant.

However, it shall be taken into account the confession and reflect of the defendant, and the fact that there is no record of criminal punishment except for the previous conviction.