A defendant shall be punished by imprisonment for one year.

except that 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

On September 12, 2007, the Defendant was issued a summary order of KRW 1.5 million by the Daegu District Court for the crime of violation of the Road Traffic Act.

On May 3, 2020, while under the influence of alcohol level 0.051%, the Defendant driven a car by turning the Ctecas in the fourth-meter section of the front road of Daegu Seo-gu, Daegu at around 20:20 on May 3, 2020, and driven the said car after driving at around 1 meter of the above road around 20:21 on the same day.

Accordingly, the defendant, even though he violated Article 44 (1) of the Road Traffic Act at least once, was driving under the influence of alcohol again.

Summary of Evidence

1. Defendant's legal statement;

1. Reporting on the detection of any suspected crime, reporting on an investigation (report on the situation of a driver of the vehicle) and reporting on internal accidents in violation of the Road Traffic Act;

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

1. On-site photographs and table of 112 reported cases;

1. Criminal records as indicated in the judgment: Application of criminal records, reply reports (A) and investigation reports-related Acts and subordinate 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. The reason for sentencing under Article 62(1) of the Criminal Code of the suspended sentence is that the defendant has already been punished three times due to drinking driving, but again repeats the same crime, it is necessary to strictly punish the defendant.

However, considering the fact that the defendant has been aware of the facts of the crime, there is no history of criminal punishment exceeding the fine, and the distance of the drunk driving is short, the defendant's age, character and behavior, environment, family relationship, family environment, circumstances after the crime, and various sentencing conditions specified in the records and arguments of this case, including the defendant's age, character and behavior, environment, family relationship, family environment, circumstances after the crime, etc., as favorable to the defendant.