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

[criminal power] On August 8, 2013, the Defendant was issued a summary order of KRW 2 million as a crime of violating the Road Traffic Act in the Daegu District Court's Ansan-dong branch on August 8, 2013.

【Criminal Facts】

On November 12, 2019, at around 20:58, the Defendant driven a C-wing truck under the influence of alcohol leveling 0.123% of blood alcohol level from the 10km section from the front of the Defendant’s residence in Ansan-si B to the front of the legal interest distance in the Dong-dong in the same legal interest zone.

As a result, the Defendant violated the regulations on the prohibition of drunk driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. The offender's place, report on the occurrence of a traffic accident, report on the actual condition of the accident, inquiry report (Attachment to photographs), the tea inquiry report, the circumstantial statement of a drinking driver, the investigation report, and the results of the crackdown on drinking driving;

1. Previous records of judgment: Criminal records, etc. inquiry reports and investigation reports (the application of Acts and subordinate statutes to the suspect's previous records of drunk driving);

1. Relevant legal provisions concerning criminal facts, Articles 148-2 (1) and 44 (1) of the Road Traffic Act that choose the penalty, choice of imprisonment; 1. Articles 53 and 55 (1) 3 of the Criminal Act that reduce discretionary mitigation;

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

1. Reasons for sentencing under Article 62-2 of the Criminal Act for orders to attend lectures and orders to provide community service;

1. Scope of applicable sentences under law: Imprisonment for one year to two years; and

2. Non-application of the sentencing criteria: Offenses not set; and

3. The crime of this case, which was sentenced to the sentence, was committed by the defendant twice due to the crime of drunk driving, but it is not good to commit the crime, and the defendant committed a traffic accident at the time of this case, is disadvantageous to the defendant.

However, the fact that the defendant recognized the crime of this case and reflected, and that the defendant has no record of punishment beyond the fine is favorable to the defendant.

Other circumstances such as the defendant's occupation, age, character and conduct, environment, motive and background of the crime, means and consequence, and circumstances after the crime.