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 May 7, 2012, the Defendant was issued a summary order of KRW 1 million as a crime of violating the Road Traffic Act (driving) at the Seo-gu District Court Branch Branch of the Daegu District Court.

【Criminal Facts】

around 23:00 on May 10, 2020, the Defendant driven D K7 car while under the influence of alcohol leveling about about 500 meters from the river near the Gyeongbuk-gun B to C apartment house.

Accordingly, the defendant violated the prohibition of drinking under the Road Traffic Act more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control results of drinking driving, and report on the circumstantial statement of a drinking driver;

1. Previous convictions in judgment: References to criminal records and investigation reports (verification of criminal records of the suspect A the same kind of punishment);

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 is that the defendant, even though he/she had been punished three times for the same crime, has engaged in driving at once, and that he/she has a high drinking level, is disadvantageous.

However, the punishment as ordered shall be determined by taking into account the following factors: the Defendant led to the instant crime; the Defendant did not have any record of being punished after around 2012; and the Defendant’s age, character and conduct, environment, family relationship, means and consequence of the instant crime; and all the sentencing conditions shown in the pleadings after the crime, such as the circumstances after the crime, etc.