A defendant shall be punished by imprisonment for one year.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Punishment of the crime

On December 3, 2018, the Defendant was issued a summary order of KRW 1 million as a crime of violating the Road Traffic Act (drinking driving) at the Seogu District Court Branch Branch on December 3, 2018.

On July 4, 2020, at around 05:00, the Defendant driven a D Spo-type car under the influence of alcohol concentration of about 0.129% from a distance of about 200 meters at the front of the entrance B of Daegu-gu, Daegu-gu to the front road of the same Gu C.

Accordingly, the Defendant violated the prohibition of drinking under the Road Traffic Act more than twice.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating drinking driving;

1. Statement report on the situation of the driver at the main place of business, investigation report (report on the situation of the driver at the main place of business), investigation report (Attachment to photographs);

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, investigation status (the same kind of force), and summary order-making Acts and subordinate statutes;

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. The sentence shall be determined as ordered by comprehensively taking into account the favorable circumstances, such as the Defendant’s age, sex, environment, family relationship, the circumstance of the crime, and the circumstances after the crime, etc., such as the fact that there was a history of criminal punishment of a fine on one occasion due to driving of drinking alcohol for the reason of sentencing under Article 62(1) of the Act on the Suspension of Execution, and the fact that the same crime has been repeated, and that the blood alcohol concentration level was high, and that the facts of the crime have been committed, and that there was no record of criminal punishment exceeding the fine.