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

[Criminal Power] On August 24, 2011, the Defendant was sentenced to a fine of KRW 5 million by the Daegu District Court due to a violation of the Road Traffic Act (driving).

【Criminal Facts】

Around 01:00 on March 29, 2020, the Defendant driven a D-to-pur vehicle with a blood alcohol concentration of about 0.163% while under the influence of alcohol at the 2km section from the front of the Daegu Seo-gu B to the front of the Gu C.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Each investigation report (the sequence 6, 14 of the list of evidence);

1. The actual condition survey report;

1. Notification of the control results of drinking driving, and report on the circumstantial statement of a drinking driver;

1. Photographs of the accident site;

1. Criminal records as stated in the judgment: Criminal records, investigation reports, and application of statutes governing judgment;

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. The reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence is that the defendant had a history of having been punished by a fine for one time due to drunk driving, etc., but repeats the same crime. The defendant's blood alcohol concentration at the time of the instant case is very high to 0.163%, and causes a traffic accident that leads to another person's vehicle parked on the side while driving under the influence of alcohol. Therefore, it is necessary to strictly punish the defendant.

However, as seen earlier, the defendant shows the attitude of understanding the facts of crime, and the fact that there is no past record of criminal punishment other than the fine imposed once, etc. are considered favorable to the defendant, and the defendant's age, character and conduct, environment, family relationship, family environment, circumstances after the crime and circumstances after the crime, etc. shall be comprehensively taken into account, and the punishment as ordered shall be determined by taking into account the various sentencing conditions specified in the records and arguments of this case,