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 November 11, 2008, the Defendant received a summary order of KRW 1 million for a violation of the Road Traffic Act (driving) from the Daegu District Court. On May 9, 201, the Defendant received a summary order of KRW 4 million for the same crime from the Daegu District Court.

【Criminal Facts】

On September 25, 2020, the Defendant, as a person who violated the regulations on the prohibition of drunk driving twice, driven a f white vehicle under the influence of alcohol leveling 0.083% of alcohol leveling from the C cafeteria in Daegu Metropolitan City, Daegu Metropolitan City, to the E-ray in the same Gu, on September 25, 2020.

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

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statements of a drinking driver, and notification of the result of crackdown on drinking driving;

1. Previous convictions indicated in judgment: Criminal records, records of the same kind, and application of summary order statutes;

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. Probation, community service order, and order to attend a lecture under Article 62-2 of the Criminal Act, the following circumstances: Defendant’s age, character and conduct, environment, motive, means and consequence of the crime, circumstances after the crime was committed, and other conditions of sentencing as ordered shall be comprehensively taken into account, and the sentence shall be determined as ordered.

Unfavorable circumstances: Crimes are inferior in light of the contents of crimes.

Despite the history of punishment for the same crime of drinking driving, the crime of this case has been committed again.

The favorable circumstances: Recognizing the crime, it is against the law.

Personal and material damage, such as traffic accidents, did not occur.