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

피고인은 2020. 8. 5. 22:25경 대구 동구 B시장 공영주차장 앞 길에서부터 같은 구 팔공로 259에 있는 봉무지하차도 앞길까지 약 1km의 구간에서 혈중 알코올농도 0.332%의 술에 취한 상태로 C 짚렝글러 지프차를 운전하였다.

Summary of Evidence

1. Written statements of the defendant in court;

1. Application of Acts and subordinate statutes to field reports on the occurrence of traffic accidents, report on the actual condition of traffic accidents, report on the circumstantial statement of a drinking driver, inquiry into the results of crackdown on drinking driving, making inquiries into the tea, and application of Acts and subordinate statutes to field photographs;

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (3) 1 and 44 (1) of the Road Traffic Act, the choice of punishment, 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.

In 2004, there is a record of punishment as a crime of driving under the same kind of alcohol around 2004.

The traffic accident caused physical damage.

The blood alcohol concentration level at the time of crime is very high in 0.332%.

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

The agreement was reached with the victim of traffic accident.

The vehicle is disposed of, and again, not to drive under the influence of alcohol.