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 of the final judgment.

Punishment of the crime

On April 28, 2009, the Defendant issued a summary order of KRW 1 million for a crime of violation of the Road Traffic Act at the Daegu District Court. On September 29, 2009, the Defendant issued a summary order of KRW 2 million for the same crime in the same court. On May 14, 2013, the Defendant issued a summary order of KRW 3 million for the same crime.

On November 17, 2019, at around 06:50, the Defendant driven a F Ecoo vehicle in the state of alcohol alcohol concentration of 0.114% in the section of approximately 1km from C to E located in the same Gu.

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 results of the crackdown on drinking driving, report on the circumstance of a drinking driver, investigation report (report on the circumstances of a drinking driver), and investigation report (place of departure);

1. Previous convictions indicated in judgment: Application of criminal records, reply reports, investigation reports, and Acts and subordinate statutes;

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 under Article 62-2 of the Criminal Act requires a punishment corresponding to the punishment for the crime that may cause serious damage to another person's life, body, or property. The defendant has already been punished three times due to drinking driving, and the blood alcohol content ratio of the defendant has already reached 0.114%, etc., which are favorable to the defendant, such as the circumstances unfavorable to the defendant, the fact that the defendant recognized the crime, the fact that the defendant has committed the crime, and that there is no record of punishment exceeding the fine, etc.

In addition, the punishment shall be determined as ordered in comprehensive consideration of the age, character and conduct, environment, motive and background of the crime, circumstances after the crime, etc., and the sentencing conditions shown in the records and pleadings of the case.