1. The defendant shall be punished by imprisonment with prison labor for eight months;

2.Provided, That the above sentence shall be executed for a period of two years from the date this judgment becomes final and conclusive.

Punishment of the crime

[criminal power] On December 16, 2016, the Defendant was issued a summary order of KRW 3 million for the crime of violating the Road Traffic Act in Daegu District Court racing support. On November 14, 2019, the above support was sentenced to imprisonment with prison labor for 4 months for the crime of obstruction of performance of official duties and one year for suspension of execution, and the above judgment became final and conclusive on November 22, 2019.

【Criminal Facts】

On October 6, 2019, at around 07:15, the Defendant driven a FN-si car in the state of alcohol alcohol concentration of about 4 km from the front of the road in C, which is located in D, to the front of the E parking lot in D, located in the same city.

As a result, the defendant was a person with the history of violating the Road Traffic Act's prohibition of drinking driving, and again, was driving a vehicle under the influence of alcohol in violation of the above prohibition of drinking driving.

Summary of Evidence

1. Defendant's legal statement;

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

1. Previous records of judgment: Report on internal investigation, statement on criminal records, references to criminal records, and application of Acts and subordinate statutes confirming crimes before judgment becomes final and conclusive;

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. Handling concurrent crimes and mitigation of punishment, the latter part of Article 37 and Article 39 (1) of the Criminal Act;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62(1) of the Criminal Act (Considering factors for sentencing favorable to the following reasons)

1. There are various unfavorable factors for sentencing, such as the fact that a person was found guilty of obstruction of the performance of official duties on the grounds of sentencing under Article 62-2 of the Criminal Act, and that there was a number of disadvantageous factors for sentencing, such as the fact that the person was committed immediately without conviction, the blood alcohol concentration high, and the result of drinking driving (damage of restaurant entrance

However, there is some reason to consider the background of the crime, and the intention not to repeat the crime such as the sale of vehicles, etc. has become final and conclusive.