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 of the final judgment.

Punishment of the crime

[Criminal Power] On January 3, 2011, the Defendant was issued a summary order of KRW 1.5 million as a crime of violating the Road Traffic Act in the resident support of the Daegu District Court.

【Criminal Facts】

around 22:30 on March 12, 2020, the Defendant driven D Poter cargo under the influence of alcohol with about 1k alcohol concentration of about 0.146% from the section of approximately 1k to C front road located in the same city and located in the Dong-si, Dong-si.

Accordingly, the defendant violated Article 44 (1) of the Road Traffic Act prohibiting driving under the influence of alcohol at least twice.

Summary of Evidence

1. Defendant's legal statement;

1. Reports on the occurrence of traffic accidents, actual condition investigation reports, and circumstantial statements of the driver concerned;

1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes concerning criminal records and investigation reports (Attachment of the same criminal records);

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. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

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

1. The reason for sentencing under Article 62-2 of the Criminal Code of the Order to Attend a lecture has two times the criminal records that the defendant was punished for drinking even before the instant case, and the defendant also carried out drinking driving.

The blood alcohol concentration is considerably high by 0.146%, and the risk of drinking driving was high to the degree that the roadside trees on the side are facing the accident.

However, considering the fact that the previous criminal records of the defendant were both fined and the last punishment records were 2011, the punishment shall be determined by comprehensively taking into account the defendant's age and happiness environment, motive means of crime, results of crime, circumstances after crime, etc., and all of the sentencing conditions in the arguments and records of the case shall be determined, and the execution of the punishment shall be suspended only once.