A defendant shall be punished by imprisonment for one year.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Punishment of the crime

[criminal history] On September 21, 2015, the Defendant was issued a summary order of KRW 1,50,000,000 for a fine for a crime of violating the Road Traffic Act at the Seo-gu District Court’s Seo- Branch Branch branch on September 21, 2015, and a summary order of KRW 3 million for the same crime at the same court on October 18, 2016, respectively.

[2] On June 26, 2020, the Defendant driven an E rocketing car under the influence of alcohol concentration of about 2 km from the frontway of C dental clinic in Daegu-gu, Daegu-gu, Daegu-gu to the frontway of the same Gu, while under the influence of alcohol concentration of about 0.125%.

Accordingly, the Defendant violated the prohibition of drinking alcohol driving more than twice.

Summary of Evidence

1. The defendant's legal statement, report on the occurrence of traffic accidents, and report on the situation of the driver involved;

1. Previous convictions in judgment: The results of inquiry and the application of Acts and subordinate statutes concerning investigation reports (two previous calendars);

1. Relevant Article of the Act and Articles 148-2 (1) and 44 (1) of the Road Traffic Act concerning the facts constituting an offense;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. The reason for sentencing under Article 62(1) of the Criminal Act is that the Defendant committed the instant crime even though he/she had been subject to punishment twice due to drinking driving, and the Defendant has a high drinking level.

However, the sentencing conditions indicated in the arguments of this case, such as the defendant's confession of the crime of this case, the fact that there is no record of punishment exceeding the fine, the fact that there is no record of punishment exceeding the fine, and the age, sex, environment, family relationship, means and result of the crime, etc., shall be determined as ordered in consideration of all the sentencing conditions shown in the arguments of this case.