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 this judgment becomes final and conclusive.

Criminal facts

【Criminal Power】 On October 16, 2007, the Defendant was sentenced to a fine of KRW 1,50,000 as a crime of violating the Road Traffic Act (driving) at the port branch of the Daegu District Court.

(2) On March 11, 2020, the Defendant driven C SP car in the state of alcohol 0.123% of blood alcohol concentration from around 12 km to the roads of the same city north-gu, Chungcheongnam-gu, Chungcheongnam-do, Chungcheongnam-do, Seoul-do.

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

Summary of Evidence

1. Defendant's legal statement;

1. Reporting on detection of suspected victims of violation of the Road Traffic Act, reports on the state of their driving, and notification of the results of the regulation of drinking driving;

1. Previous records: Criminal records, inquiry reports, and application of Acts and subordinate statutes to investigation reports (verification of the same kind of records for driving a suspect under influence of alcohol);

1. Relevant laws concerning criminal facts, Articles 148-2 (1) and 44 (1) of the Road Traffic Act which choose the penalty, and the choice of imprisonment;

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

1. Article 62 (1) of the Criminal Act;

1. Probation and lecture attendance order under Article 62-2 of the Criminal Act includes the fact that the blood alcohol concentration is high for the reason of sentencing, the time interval with the first drunk driving, the defendant's reflective power, etc.