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 December 5, 2011, the Defendant was issued a summary order of KRW 1,500,000 as a fine for a violation of the Road Traffic Act in the Daegu District Court Kimcheon-cheon Branch.

On September 23, 2020, the Defendant driven a D Ecoo vehicle from the front side of the “C” road in the Sinju City B, under the influence of alcohol concentration of 0.128% on September 12, 2020, to the Young River road located in the Young River-ro 4-14 of the same Sinan River.

Accordingly, the defendant violated Article 44 (1) of the Road Traffic Act not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. A traffic accident report;

1. Notification of the results of the drinking driving control, and inquiry into the results of the drinking driving control;

1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes of a summary order;

1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1) and 44 (1) of the former Road Traffic Act (amended by Act No. 17371, Jun. 9, 2020 and enforced on December 10, 2020) that have chosen the punishment;

1. Mitigation of discretionary mitigation under Articles 53 and 55(1)3 of the Criminal Act (see, e.g., circumstances, etc. described in the following sentencing grounds):

1. Article 62 (1) of the Criminal Act on probation;

1. The reason for sentencing under Article 62-2 of the Criminal Act is that the defendant again committed the crime of this case even though he was punished once due to a drunk driving in violation of Article 44(1) of the Road Traffic Act and twice due to the previous drunk driving, and since the defendant has a high drinking level at the time of the crime of this case, and since the danger of the accident is realized at the time of the crime of this case, the defendant is sentenced to imprisonment with prison labor.

However, considering the circumstances that may be considered in light of the circumstances, such as the fact that there is time interval between the end of drinking and the start of driving, the fact that there is a big interval between the previous record of drinking driving and the day of the instant crime, the defendant has no power to be punished more than imprisonment with prison labor, and the defendant separates his mistake.