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.

Punishment of the crime

[Criminal Power] On January 14, 2015, the Defendant was issued a summary order of KRW 3.5 million for a crime of violating the Road Traffic Act (driving) in the Daegu District Court’s Ansan Branch.

【Criminal Facts】

On December 18, 2019, at around 08:30, the Defendant driven a F-to-purd vehicle with a blood alcohol concentration of about 0.092% under the influence of alcohol at approximately 160 meters from the front of the road in Ansan-si B to the front of the road in the same city D.

As a result, the defendant violated the prohibition of drunk driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Criminal land, report on the occurrence of a traffic accident, inquiry into the results of the crackdown on drinking driving, report on the circumstantial statement of a drinking driver, investigation report (report on the circumstances of a drinking driver), fact-finding report, and register of driver's licenses; and

1. Previous convictions indicated in judgment: The application of criminal records and investigation reports (prior convictions of suspects) and Acts and subordinate statutes;

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

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

1. The reason for sentencing under Article 62-2 of the Criminal Act is that the defendant again committed the crime of drunk driving in this case even though he had the record of being punished once for the same kind of crime.

However, in light of the fact that the defendant recognized the crime of this case, the fact that the defendant has no record of criminal punishment other than once a fine, the defendant has no record of criminal punishment, and other circumstances such as the defendant's occupation, age, character and behavior, environment, motive, circumstance, means and consequence of the crime, etc., the punishment as ordered shall be determined in accordance with the order.