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 March 28, 2014, the Defendant was issued a summary order of KRW 3 million for the crime of violating the Road Traffic Act in the Daegu District Court Kimcheon-do.

At around 17:55 on May 10, 2020, the Defendant driven a motor vehicle Eina under the influence of alcohol leveling 0.211% from the 24km section to the D Association located in Kimcheon-si, the front of the building B from the 17:55 on the road of the Gu-si, Kimcheon-si to the front road of the D Association in Kimcheon-si.

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

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statements of a drinking driver, and inquiry into the results of the control of drinking driving;

1. Previous convictions indicated in judgment: Criminal records, references to criminal records, amounts of dispositions, and the application of Acts and subordinate statutes;

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

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

1. The grounds for sentencing under Article 62-2 of the Criminal Act include: (a) the defendant's blood alcohol concentration, driving distance, the circumstances in which the defendant was driven at the time of the crime of this case; (b) the defendant's status at the time of driving; and (c) all of the sentencing conditions shown in the records and arguments of this case, including the defendant's records and records of the same crime