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 history] On September 30, 2008, the Defendant issued a summary order of KRW 700,000 for a fine of KRW 1.5 million for a crime of violation of road traffic law in the Daegu District Court racing support, on March 13, 2012, a summary order of KRW 1.5 million for a crime of violation of road traffic law in the Daegu District Court and the Daegu District Court racing support, and on December 10, 2015, a summary order of KRW 5 million for a crime of violation of road traffic law was issued, respectively.

[2] On November 10, 2020, Defendant 1 driven BM7 automobiles under the influence of alcohol level of about 0.070% in the 3km section from around 3km to around 186 at the same time from around 10, 2020 before a restaurant where trade names below Dongcheon-dong cannot be known despite the fact that he violated the provision prohibiting driving of alcohol as above.

Accordingly, the Defendant violated the prohibition of drinking driving under the Road Traffic Act more than twice.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement report, investigation report (main driver C), and notification of the results of regulating the driving of drinking alcohol;

1. Previous convictions: Application of an inquiry letter, such as criminal history, investigation report, and investigation report (the same and similar criminal records of the suspect)-related Acts and subordinate statutes;

1. Relevant Article of the Act and Articles 148-2 (1) and 44 (1) of the Road Traffic Act concerning the facts constituting an offense;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Taking into account such factors as three times as the crime of drinking for the reason of sentencing under Article 62-2 of the Criminal Act, the fact that there was a history of punishment for the crime of driving without a license, and the amount of alcohol concentration during blood.