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 30, 2008, the Defendant was issued a summary order of KRW 500,000 by the Daegu District Court to a fine for a violation of the Road Traffic Act, and a summary order of KRW 1.5 million by the same court on June 3, 2016, respectively.

【Criminal Facts】

On March 22, 2020, at around 02:50, the Defendant driven a B-to-purd vehicle with a blood alcohol concentration of about 0.107% from the 1km section of approximately 1km to the 1km-si, Gyeongbuk-si, Gyeongbuk-si, Gyeongbuk-si, Gyeongbuk-si, Gyeongsan-si, in a drunken state.

Accordingly, the Defendant driven a motor vehicle under the influence of alcohol not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the crackdown on drinking driving and the circumstantial statement of a drinking driver;

1. Previous convictions indicated in judgment: Investigation report (Attachment of the same type of power), a copy of summary order, and application of Acts and subordinate statutes by inquiry results;

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

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act on probation and order to attend lectures;

1. The sentencing criteria are not set for the crimes of this case to which the sentencing criteria are applied.

2. Determination of sentence: (a) comprehensively taking into account the following circumstances and the Defendant’s age, occupation, character and conduct, environment, motive, means and consequence of the commission of the commission, circumstances after the commission of the commission of the commission, etc.; and (b) the conditions of various sentencing as shown in the argument of the instant case:

The defendant, even though he had a record of punishment for drunk driving, was driving under the influence of alcohol again after the enforcement of the current Road Traffic Act, which greatly strengthened the control standards and statutory penalty.

The defendant's blood alcohol concentration level is high to the criteria for revocation of license.

A favorable condition: The defendant shall commit the instant crime.