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.

Criminal facts

【Criminal Power】 On December 17, 2012, the Defendant was issued a summary order of KRW 5 million for a crime of violating the Road Traffic Act at the port branch of the Daegu District Court on December 17, 2012, three times the same kind of force.

【Criminal Administration” around 03:30 on July 12, 2020, the Defendant driven an E-5 vehicle while under the influence of alcohol with approximately 400 meters alcohol concentration of about 0.183% from the 400-meter section from the front road of the north-gu, North-gu, Ma-dong to the front road of the same Gu D apartment.

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

Summary of Evidence

1. Defendant's legal statement;

1. Report on detection of violation of the Road Traffic Act, report on the status of a driver of a drinking alcohol driver, report on the control of a drinking alcohol driver, notification on the results of the control of a drinking alcohol driver, and report processing case list

1. Previous records: Criminal records, inquiry reports, and the application of Acts and subordinate statutes on the confirmation of the same force of the suspect;

1. Relevant laws concerning criminal facts, Articles 148-2 (1) and 44 (1) of the Road Traffic Act which choose the penalty, 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. Probation, community service, and lecture attendance order under Article 62-2 of the Criminal Act shall take into account the blood alcohol concentration on the grounds of sentencing, the fourth drinking, the last drinking driving, the interval between time and the last drinking driving, the motive and background of the crime, and other penal power, reflectivity, etc.