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 January 22, 2013, the Defendant was issued a summary order of KRW 3 million as a crime of violating the Road Traffic Act in the Seo-gu District Court's Seo-Support on January 22, 2013.

【Criminal Facts】

On January 30, 2020, at around 12:42, the Defendant driven a D A6 car under the influence of alcohol with approximately 0.069% of alcohol concentration at a section of about 2 km from the front of the death voltage road located in the Seogugu Seo-gu, Daegu-gu, Daegu-gu to the front of C in the Daegu-gu, Seogu.

As a result, the Defendant driven a motor vehicle under the influence of alcohol not less than twice in violation of the prohibition on drinking.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the occurrence of a traffic accident, report on the actual condition, report on the circumstantial statement of a drinking driver, report on the results of the control of drinking driving, and inquiry into the results of the control of drinking driving;

1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes concerning criminal records and investigation reports (verification of sound driving records);

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. The reason for sentencing under Article 62(1) of the Criminal Act, even though the Defendant had a record of being punished once by a fine due to drinking alcohol driving, is another driving at the same time, and the occurrence of a traffic accident while driving under the influence of alcohol, is disadvantageous circumstances.

However, the punishment as ordered shall be determined in consideration of all the sentencing conditions shown in the arguments of this case, such as the defendant's confession of the crime of this case and the mistake is divided, the fact that there is no record of criminal punishment other than the above punishment, and the defendant's age, character and conduct, environment, family relationship, means and result of the crime, and circumstances after the crime.