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 history] On November 7, 2006, the Defendant issued a summary order of KRW 500,000 for a fine of KRW 1 million for a crime of violation of road traffic law in the resident support of the Daegu District Court (drinking) on November 7, 2006, a summary order of KRW 1 million for the same crime in the same court on March 16, 2015, and a summary order of KRW 5 million for the same crime in the same court on April 10, 2017.

[2] On October 8, 2020, the Defendant driven a D-type car with a alcohol content of about 0.039% 0.039% in blood from the section of approximately 1km from the front of B village to C at the time of stay at around 22:13, 2020.

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, inquiry of the results of regulating the driving of drinking, and statement of the situation of the driver;

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. Article 148-2(1) and Article 44-2(1) of the former Road Traffic Act (amended by Act No. 17371 of Jun. 9, 2020), Articles 148-2(1) and 44(1) of the same Act, the selection of punishment 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 Act, even though the Defendant had been subject to three times or more due to drinking driving, re-offending.

In particular, there is a high possibility of criticism in that it has failed to improve the character and behavior even though the person was punished twice as drinking driving only after 2015.

However, the defendant's previous punishment records are both fine and alcohol content in blood at the time of the instant case is 0.039%, and the defendant's previous punishment records are high.

It is difficult to see that the defendant sells a vehicle and does not commit a second offense.

Considering the fact that the defendant's age, character and character environment, motive and consequence of the crime, circumstances after the crime, etc., and all of the sentencing conditions stated in the arguments and records in this case shall be considered comprehensively.