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 July 21, 2017, the Defendant was issued a summary order of KRW 3 million as a fine for a violation of the Road Traffic Act in the Daegu District Court Kimcheon-do.

【Criminal Facts】

On December 8, 2019, at around 01:07, the Defendant driven a FNAS car in the state of alcohol with approximately 20 meters alcohol concentration of about 0.060% from the front of the “CY” store located in Gumi-si B to the front of the E convenience store located in D in the same city.

As a result, the Defendant violated the regulations on the prohibition of drunk 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 records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes of a summary order;

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. The grounds for sentencing under Article 62-2 of the Criminal Act for probation and order to attend a lecture are recognized to be erroneous by the defendant, taking into account all of the sentencing conditions in the records and arguments of this case, such as the blood alcohol concentration, driving distance, driving distance, circumstances in which the defendant became driving at the time of driving, the status of the defendant at the time of driving, the criminal records of the defendant, etc.