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 became final and conclusive.

Punishment of the crime

On July 31, 2012, the Defendant was sentenced to a summary order of a fine of one million won for a violation of the Road Traffic Act (driving) with a sex support by the Daegu District Court on July 31, 2012. On October 2, 2014, the Defendant was sentenced to imprisonment with prison labor for 10 months and suspension of execution for the same crime in the same court.

Although the Defendant had the power of violating the provision on the prohibition of driving under the influence of alcohol, the Defendant driven a DNA car in the state of alcohol with approximately 50 meters from around November 14, 2019 to around the roads in front of the Cheongong-gun, Chungcheongnam-gun, Chungcheongnam-gun, and up to the roads in front of the same military C, while under the influence of alcohol of about 0.165%.

Accordingly, the Defendant violated the prohibition of driving under the influence of alcohol not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the occurrence of a traffic accident, report on the actual condition, inspection report on accident site photograph, report on the circumstantial statement of a drinking driver, and report on the results of the drinking control;

1. Previous records of judgment: Application of criminal records, inquiry reports, investigation reports (Attachment to previous records of sound driving, judgment, etc.);

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. In particular, the following should be taken into account: (a) the Defendant’s reflection of the reason for sentencing under Article 62(1) of the Criminal Act; (b) twice the same kind of force (one time of suspended execution of punishment); (c) the degree and distance of driving; and (d) the disposal of vehicles to prevent re-offending.