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

On August 27, 2010, the Defendant was issued a summary order of KRW 2 million as a crime of violating the Road Traffic Act by the Daegu District Court.

On October 6, 2019, at around 00:26, the Defendant driven a Cchip car owned by the Defendant within a about 10km section from the 10km section to the front road of the Jungdong-gu, Chungcheongnam-gu, Sungnam-si, Sungnam-si, Chungcheongnam-si, Seoul, with a alcohol concentration of 0.067% alcohol level.

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

Summary of Evidence

1. Defendant's legal statement;

1. Investigation reports, reports on the situation of a drinking driver, notification of the results of the control of drinking driving, and output of measurement results;

1. Previous records of judgment: Criminal records, investigation reports (verification of sound driving records), and application of statutes governing judgment;

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 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. Despite the fact that an order to attend a lecture or an order to provide community service had twice the same records as the reasons for sentencing under Article 62-2 of the Criminal Act, the instant drinking driving was conducted again, and the driving distance is reasonable.

However, it shall be considered in favor of the fact that the defendant committed a mistake properly, that the blood alcohol content is not relatively high, that there is no penalty power exceeding fines, that there is no accident, and that there is no accident.

In addition, the punishment as ordered shall be determined in consideration of the age, character and conduct, career, environment, background and result of the crime, the circumstances after the crime was committed, and all the sentencing conditions specified in the records and arguments of this case.