A defendant shall be punished by imprisonment for one year.

except that 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 August 14, 2008, the Defendant violated the prohibition of drinking driving by receiving a summary order of KRW 1 million as a crime of violation of the Road Traffic Act in the Seogu District Court Branch of the Daegu District Court on August 14, 2008.

【Criminal Facts】

On November 19, 2019, at around 00:40, the Defendant driven D Cor or a car under the influence of alcohol content of approximately 22 km from around 01:08 to the front road of the restaurant located in the Daegu-gu Seoul-gu Seoul-gu-gu-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-car

Therefore, although the defendant was punished as a drunk driving, he again driven a motor vehicle under the influence of alcohol.

Summary of Evidence

1. Defendant's legal statement;

1. Reporting on detection of any offender of a violation of the Road Traffic Act, reporting on the state of his/her driving, and reporting on the control of drinking and driving;

1. Previous convictions indicated in judgment: Criminal records, investigation reports, and application of Acts and subordinate statutes governing summary orders;

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. The reason for sentencing under Article 62(1) of the Criminal Act in the suspension of execution is that the defendant was sentenced to a fine once due to drunk driving, but the defendant was also subject to a driving under the influence of drinking. The reason for sentencing under Article 62(1) of the Criminal Act is that it is not good to the nature of the crime

However, the punishment as ordered shall be determined in consideration of all the sentencing conditions shown in the arguments of this case, including the fact that the defendant led to the crime of this case and misunderstanding is divided, the fact that there is no particular record of punishment other than the record of the above punishment, and the defendant's age, character and behavior, environment, family relationship, means and result of the crime, and circumstances after the crime.