A defendant shall be punished by imprisonment for one year.

except that 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 28, 2019, at around 23:40, the Defendant driven a Cresh vehicle under the influence of alcohol concentration of 0.207% at a section of about 50 meters from the runway side of the Daegu Dong-gu B hotel to the front of the bus stops adjacent to B hotel.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to reports on the statement of the state of drinking drivers, and the results of the control of drinking driving;

1. Relevant Article of the Act on Criminal facts and Articles 148-2 (3) 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. The current Road Traffic Act, in which the regulatory standard and statutory punishment have been greatly strengthened due to the social request to eradicate harmful effects caused by the driving under the reason of sentencing under Article 62(1) of the Act on the Suspension of Execution, was carried out after the enforcement of the Road Traffic Act, and the degree of blood alcohol level exceeds the criteria for the revocation of the license. However, it is obvious that a substitute engineer was placed at the request of the restaurant operator that the vehicle was temporarily moved at the request of the restaurant operator and there is a lot of factors to be taken into account, the execution of the sentence is suspended in consideration of the fact that there is no same criminal record and no imprisonment without prison labor or heavier punishment record, and that there is no need to concern about the risk of recidivism in light of the defendant's age, economic condition, home environment, etc., and no additional disposition such as probation is imposed