A defendant shall be punished by imprisonment for a term of one year and four months.

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 September 30, 2014, the Defendant was issued a summary order of KRW 1.5 million for a crime of violation of the Road Traffic Act in the Daegu District Court Kimcheon branch of the Daegu District Court on September 30, 2014, and a fine of KRW 3 million for the same crime in the same court on April 9, 2015, respectively. On March 30, 2016, the Defendant was sentenced to a suspended sentence of six months for the same crime in the same court.

【Criminal Facts】

On August 14, 2020, at around 21:15, the Defendant driven a rocketing car with the blood alcohol concentration of about 0.110% in the section of about 2 km from the front of the apartment building B in the Glock Zone B to the front of C.

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

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the crackdown on drinking driving, and the statement of the situation of drinking drivers;

1. A report on internal investigation:

1. On-site photographs;

1. Previouss before and after judgments: Criminal history records, inquiry reports, confirmation of the same kind of power, judgment, application of summary order Acts and subordinate statutes;

1. Relevant Article of the Act on Criminal facts and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act which choose the penalty;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Criminal Act, even though the Defendant had had already been punished for drinking driving, causing danger of traffic repeatedly.

However, in consideration of the fact that it is deemed that there is an intention not to repeat a crime, such as erroneous recognition, disposal of vehicles, etc., the execution of punishment shall be suspended after discretionary mitigation, and the punishment shall be determined as ordered by the imposition of a compliance driving lecture for the prevention of recidivism.