A defendant shall be punished by imprisonment for one year.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Punishment of the crime

On September 3, 2007, the Defendant was issued a summary order of KRW 3 million due to a violation of road traffic law (drinking driving) at the port branch of the Daegu District Court on September 3, 2007. On November 25, 2009, the Defendant was sentenced to a suspended sentence of ten months for the same crime in the same court on November 25, 2009, and was sentenced to a fine of KRW 1 million for the same crime at the Daegu District Court on September 27, 201.

On November 12, 2020, the Defendant driven D-Scar car at approximately 697 meters from the north-gu New Year of 197 and about 4 km from the Yong-gu of 197 at the Mapo-gu Dapo-gu Dapo-gu Dapo-gu Dapo-si, in a state of alcohol concentration of 0.047% in alcohol level among blood transfusion around 01:35, 2020.

Accordingly, the Defendant violated the prohibition of drinking alcohol driving regulations not less than twice.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

1. Previous convictions in judgment: Application of written inquiries about criminal history and other Acts and subordinate statutes;

1. Relevant legal provisions and Articles 148-2(1) and 44(1) of the former Road Traffic Act (amended by Act No. 17371 of Jun. 9, 2020) on criminal facts

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

1. Article 62(1) of the Criminal Act provides that a person shall be punished by imprisonment with prison labor, taking into account the fact that there are many criminal records of the same kind of imprisonment without prison labor or a fine, but the time interval with the crime in this case, the defendant's age, career, or drinking volume.