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 October 18, 2010, the Defendant was issued a summary order of KRW 2.5 million as a crime of violating the Road Traffic Act in the resident support by the Daegu District Court.

[2] On September 29, 2020, the Defendant driven D Mart car under the influence of alcohol content of about 0.063% during blood while under the influence of alcohol level 0.063% at the section of about 12km from the front day of the “C” in the B of the Chungcheongbuk-do, Chungcheongnam-do, Chungcheongnam-do to the third national highways (Haw line) located in the 915-1 of Seodaemun-gu, Seodaemun-gu, Seoul.

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 the application of Acts and subordinate statutes of a report on investigation (Attachment to the same type of force);

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 case is not easy in that the defendant, on the ground of sentencing Article 62-2 of the Criminal Act, repeats a crime even though he had a record of punishment due to drinking driving.

However, considering the fact that the criminal records of the defendant's same punishment were imposed once in 2010, the punishment of the defendant shall be determined by comprehensively taking into account the defendant's age, character and character environment, motive means of the crime, results of the crime, circumstances after the crime, etc., and all the kinds of sentencing conditions recorded in the arguments and records, and the execution of the punishment shall be suspended at once.