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

On August 27, 2019, the Defendant received a summary order of KRW 5 million as a fine for a violation of the Road Traffic Act in the Daegu District Court Kimcheon-do.

On March 8, 2020, at around 05:50 on March 8, 2020, the Defendant driven a Fchip car under the influence of alcohol concentration of approximately 0.097% in the section of about 50 meters from the front side of the C week located in Chungcheongnam-si, Chungcheongnam-si, Seoul to the front side of the E-ray located in D.

Accordingly, the defendant violated the prohibition of drinking driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the statement of the state of drinking drivers, and written report on the results of the control of drinking driving;

1. Previous records of judgment: Application of criminal records, repeated statements and investigation reports (report on the confirmation of the same criminal records) Acts and subordinate statutes;

1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1) and 44 (1) of the Road Traffic Act which choose the penalty;

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 for probation, community service, or order to attend lectures are recognized to be erroneous by the defendant, taking into account all of the conditions for sentencing specified in the records and arguments of this case, including the blood alcohol concentration of the defendant at the time of the instant crime, driving distance, circumstances leading the defendant to drive, the status of the defendant at the time of driving, and the criminal records of the defendant