A defendant shall be punished by imprisonment for one year.

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

[Criminal Power] On April 6, 2020, the Defendant was issued a summary order of KRW 2 million as a crime of violating the Road Traffic Act in the resident support of the Daegu District Court.

【Criminal Facts】

At around 18:30 on April 18, 2020, the Defendant driven a D low-speed car while under the influence of alcohol content of about 0.085% at the section of about 3 km up to C, via the 18:30 on the roads in front of the Yancheon-gun, Chungcheongnamcheon-gun, and the same Eup/Myeon.

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. Defendant's legal statement;

1. Report on the result of crackdown on drinking driving and on the circumstantial statement of a drinking driver;

1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes concerning criminal records and investigation reports;

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 under Article 62-2 of the Probation Criminal Act is that since the defendant was found to have driven under drinking in March 2020 and was found to have recidivism before the summary order was requested, there is a high possibility of criticism.

However, considering the fact that the criminal records of the defendant's identical criminal records are imposed only once fines, the fact that the defendant suffers from various mental disorders, such as depression, etc., the punishment shall be determined by comprehensively taking into account the defendant's age and happiness environment, motive means of crime, results of crime, and circumstances after crime, etc., and all of the sentencing conditions stated in the arguments of this case and records, and the execution of the punishment shall be suspended only once as ordered by the order.