A defendant shall be punished by imprisonment for a term of one year and two 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

On December 20, 2006, the Defendant issued a summary order of KRW 3 million due to a violation of the Road Traffic Act (driving) at the Daegu District Court on December 20, 2006. On March 29, 2007, the Defendant was sentenced to a summary order of KRW 3 million due to a violation of the Road Traffic Act (driving) at the Seog Branch Branch of the Daegu District Court on March 29, 2007. On February 14, 2008, the Defendant was sentenced to imprisonment of KRW 10 months and a suspended sentence of two years.

On January 7, 2020, at around 21:50, the Defendant driven a DNEW EF Laol car while under the influence of alcohol content of about 0.126% at approximately 20 meters from the 200-meter section to the west-gu, Seogu, Daegu-gu roads.

Accordingly, the defendant, even though he violated Article 44 (1) of the Road Traffic Act at least once, was driving under the influence of alcohol again.

Summary of Evidence

1. The provision of the police statement to the defendant's legal statement E, the statement of the situation of the driver, the investigation report (report on the circumstances of the driver), the criminal records, such as notification of the results of the crackdown on drinking driving, and the application of the Acts and subordinate statutes to the investigation confirmation;

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 of Article 62-2 of the Criminal Act on orders to provide community service and attend lectures is that the defendant was punished several times due to drunk driving, and that the defendant was sentenced to suspended sentence, and that the drinking water in this case is high and the occurrence of traffic accidents is disadvantageous to the defendant.

However, taking into account the fact that the defendant's mistake and reflects the defendant's mistake, the fact that the defendant has a disability of class 5 of delay, the sale of the vehicle after the crime, etc., and taking into account all other circumstances, such as the defendant's age, character and conduct, environment, and circumstances after the crime, etc., the order is based upon the overall circumstances