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 May 25, 2007, the Defendant issued a summary order of KRW 1.5 million for a violation of the Road Traffic Act in the Daegu District Court Kimcheon-do, and on December 3, 2009, the Defendant was sentenced to a suspended sentence of KRW 2 years for a period of four months for a violation of the Road Traffic Act. On September 12, 2016, the Defendant was issued a summary order of KRW 3 million for a violation of the Road Traffic Act from the Daegu District Court racing Support to the Daegu District Court.

【Criminal Facts】

On May 9, 2020, at around 18:47, the Defendant driven an Esch Rexton sports cargo vehicle under the influence of alcohol with approximately 800 meters alcohol concentration of 0.152% from the section of approximately 800 meters to the front road of the DNA located in C.

Accordingly, the defendant violated the Road Traffic Act prohibition provisions at least twice.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control of drinking driving;

1. An inquiry report, such as a criminal history;

1. Application of Acts and subordinate statutes to the investigation report (Confirmation of the same kind of power);

1. Relevant legal provisions concerning the facts of crime, Articles 148-2 (1) and 44 (1) of the Road Traffic Act that choose the penalty, 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 grounds for sentencing under Article 62-2 of the Criminal Act include the background of the instant crime, blood alcohol concentration, criminal records, vehicle sales, health conditions (undersea cancer treatment due to bad living conditions of dunes), etc. of the Defendant, and other various sentencing factors indicated in the records and arguments of the instant case, including the Defendant’s age, character and conduct, environment, family relationship, and circumstances after the crime, etc., shall be determined as the same as the order, comprehensively taking into account the following factors.