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

In the Daegu District Court on October 9, 2007, the defendant has been notified of a summary order of 2.5 million won for the crime of violating the Road Traffic Act.

On May 12, 2020, the Defendant: (a) around 04:19, operated a vehicle B while under the influence of alcohol level of about 0.087% from the 90km section to the front road of Kimcheon-si, Kimcheon-si, which is located in Kimcheon-si, Kimcheon-si.

Accordingly, the Defendant violated the prohibition of driving under the influence of alcohol not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. Previous convictions in judgment: Application of criminal records, etc. and other Acts and subordinate statutes;

1. Relevant Articles 148-2 (1) and 44 (1) of the Road Traffic Act, the choice of punishment for the crime, 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. The reason for sentencing under Article 62-2 of the Criminal Act is a serious crime that causes serious danger and injury to the life, body, property, etc. of an unqualified person. Thus, the defendant who committed the crime of this case should be held legally liable for severe liability corresponding to the act. Despite the fact that the defendant had had been already punished twice due to drunk driving including the previous conviction in the judgment, the defendant committed the crime of this case. The defendant's blood alcohol concentration was considerably high at the time of the crime of this case. The defendant's age, character and behavior, environment, motive, means and consequence of the crime of this case, and all other circumstances shown in the records and arguments including the circumstances after the crime of this case shall be comprehensively considered.