A defendant shall be punished by imprisonment for a term of one year and two months.

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 September 6, 2007, the Defendant was issued a summary order of KRW 4 million for a violation of the Road Traffic Act (driving) at the Daegu District Court Kimcheon-gu branch on September 6, 2007, and a fine of KRW 3 million for a violation of the Road Traffic Act (driving) at the Daegu District Court on March 4, 2009.

【Criminal Facts】

On August 15, 2020, at around 18:40, the Defendant driven a e-motor vehicle under the influence of alcohol level of about 0.194% from the front side of C, located in G, G, C, and the front side of D, with approximately 2km alcohol level of about 0.194%.

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 statement of a drinking driver, and inquiry into the results of crackdown on drinking driving;

1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes to investigation reports (the confirmation of the same type of criminal records);

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 reason for sentencing of Article 62-2 of the Criminal Act on probation and order to attend a lecture is that a person may not only his own but also another person's life, and the risk is high.

Although the defendant has been punished several times for the same crime, he/she is driving under the influence of alcohol at all times, and his/her responsibility for such crime is not weak.

The blood alcohol concentration is relatively high.

However, the defendant is going against his will not drive under the influence of alcohol again while driving under the influence of alcohol.

The defendant's drinking power is 11 years prior to approximately 11 years.

In addition, the defendant's age, character and conduct, the environment, the motive and background leading to the crime, the method and mode of the crime, and the circumstances before and after the crime, etc. shall be determined as ordered in consideration of the various circumstances shown in the arguments in this case.