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 May 6, 2009, the Defendant issued a summary order of KRW 700,000 to a fine for a violation of the Road Traffic Act at the Daegu District Court, and on May 18, 2018, the Defendant issued a summary order of KRW 1 million to a fine for the same crime.

【Criminal Facts】

On July 13, 2019, at around 17:30, the Defendant driven BM5 vehicle under the influence of alcohol concentration of approximately 0.156% from the 2km section to the front road of the Hansung-gu Cheongdong-gu Cheongdong-gu 1, Jungdong-gu, Daegu, Seoul, to the front road of the same Jung-gu 450-ro, Jung-gu 10,000.

Accordingly, the defendant, who violated the prohibition of driving under the influence of alcohol, was driving again.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. A traffic accident report;

1. The circumstantial statement of the employee;

1. Notification of the control of drinking driving;

1. Previous records of judgment: Criminal history records, inquiry reports, and the application of Acts and subordinate statutes of an investigation report;

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. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act: A relatively high degree of blood alcohol level, conditions favorable to the fact that there have been several records of punishment for the same kind of crime: confession and reflect; there is no record of punishment exceeding the fine for the same kind of crime; and other circumstances shown in the pleadings of this case, such as the defendant's age, character and conduct, environment, family relationship, motive and consequence of the crime, circumstances after the crime, etc., shall be determined as per the order, taking into consideration the following circumstances