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 November 23, 2012, the Defendant was issued a summary order of KRW 4 million as a crime of violating the Road Traffic Act by the Daegu District Court.

On February 16, 2020, at around 04:06, the Defendant driven a FK5 vehicle under the influence of alcohol with approximately 5km alcohol concentration of about 0.186% from the road front of the C cafeteria located in the Gyeong-si, Chungcheongnam-si, Seoul Special Metropolitan City, to the E parking lot located in the Gyeongbuk-gun.

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

Summary of Evidence

1. Defendant's legal statement;

1. Report on the statement of the state of drinking drivers, and inquiry into the results of the control of drinking driving;

1. A written appraisal of blood alcohol;

1. Previous for judgment: Application of Acts and subordinate statutes of a summary order attached to criminal history records, investigation reports (verification of suspect drinking records and wishing to refer them to trial proceedings);

1. Relevant Articles 148-2 (1) and 44 (1) of the Road Traffic Act, the choice of punishment for the crime, 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. According to the reasoning of sentencing under Article 62-2 of the Criminal Act, a punishment as ordered shall be determined by comprehensively taking account of the following circumstances, Defendant’s age, character and conduct, environment, motive and means of crime, circumstances after the crime was committed, and various conditions of sentencing as shown in the argument of this case, and a compliance driving lecture shall be imposed to prevent recidivism.

Unfavorable circumstances: Although there was a history of punishment due to drinking driving, the drinking driving has been repeated again.

The favorable circumstances: The mistake is recognized.

There is no history of criminal punishment heavier than imprisonment without prison labor.