A defendant shall be punished by imprisonment for one year.

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

Punishment of the crime

On June 16, 2008, the Defendant was sentenced to a summary order of a fine of two million won for a violation of road traffic law (refluence of drinking), and on September 30, 2010, the Defendant was sentenced to a fine of six million won for a violation of road traffic law (refluence of drinking), in the sex support of the Daegu District Court.

On November 19, 2020, the Defendant driven a Fpoter cargo vehicle with approximately 50 meters alcohol concentration of approximately 0.137% in a section of about 50 meters from the front of the road located in Seongbuk-gun, G to the front of the road located in D, around 16:52.

Accordingly, although the defendant was punished for refusing to measure drinking, he again driven a motor vehicle while under the influence of alcohol.

Summary of Evidence

1. Statement by the defendant in court;

1. A copy of the statement made under the circumstances of a driver who is placed in driving, a copy of the investigation report (report on the circumstances of the driver who is placed in driving in driving), notification of the results of regulating the driving of drinking,

1. Previous convictions in judgment: Application of Acts and subordinate statutes, such as a reply to inquiry, summary order, etc., such as criminal history;

1. Article 148-2(1), Article 44(1) and (2) of the former Road Traffic Act (amended by Act No. 17371 of Jun. 9, 2020), Articles 148-2(1), 44(1), and 44-2 of the former Road Traffic Act, the selection of punishment for a crime

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

1. In particular, the reflection, health status, and economic situation of the defendant for the reason of sentencing under Article 62(1) of the Criminal Act of the suspended sentence, the distance of driving under the influence of alcohol and the degree of driving under the influence of alcohol, and the record of refusing to measure the alcohol (three times ad hoc punishment), etc. shall be considered.