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 Facts】

On June 7, 2007, the Defendant was issued a summary order of KRW 2 million for the crime of violation of the Road Traffic Act in the resident support of the Daegu District Court.

[criminal power] Around August 22, 2020, the Defendant driven a Fchier car under the influence of alcohol with approximately 100 meters alcohol concentration of about 0.116% from the 100-meter section to the roads of “E” located in “C” restaurant in B, which is located in “E” in “E” in the same city.

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 occurrence of a traffic accident, the actual condition survey report, and on-site photographs;

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

1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes to 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 Article 62-2 of the Criminal Act, despite the fact that the defendant had been punished for drinking driving, re-offending the order.

The defendant's blood alcohol concentration is higher than 0.116%, and the defendant's blood alcohol concentration was higher than 0.16%, and as a result, the physical group installed in the central separation zone was taken in an accident, the risk of drinking driving was significantly high.

However, considering the fact that the defendant's punishment power is only once a fine of 2007, the punishment of the defendant shall be determined by comprehensively taking into account the defendant's age and behavior environment, motive means of the crime, results of the crime, circumstances after the crime, etc., and all of the sentencing conditions stated in the arguments and records, and the execution of the punishment shall be suspended only once.