A defendant shall be punished by imprisonment for one year.

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

Punishment of the crime

[criminal history] On May 2, 2008, the Defendant was issued a summary order of KRW 3.5 million for a crime of violating road traffic law (drinking) in the Daegu District Court and the Defendant issued a summary order of KRW 2 million for a crime of violating road traffic law (drinking) in the same court on December 29, 2011.

[2] Although Defendant 1 had a record of violating the prohibition of drinking driving regulations as above, Defendant 2 driven a F body-W-man car at approximately 3 km from around September 10, 2020 to about 0.057% of alcohol level during blood alcohol level from around 21:17 on September 10, 2020 to the front roads of E in D.

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

Summary of Evidence

1. The defendant's legal notice of the result of regulating driving of drinking alcohol, the statement report on the situation of the driver placed in driving and the report on the situation of the driver placed in

1. Previous convictions in judgment: (A) inquiries about criminal records and investigation records (A), reports on criminal investigations (the records of the same kind of crime, etc. of the suspect), and references to inquiries about criminal records; (A) the application of

1. Relevant legal provisions and Articles 148-2(1) and 44(1) of the former Road Traffic Act (amended by Act No. 13731, Jun. 9, 2020) on criminal facts: (i) the driving of drinking alcohol and the choice of imprisonment with prison labor for not less than twice);

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 Suspension of Execution (see, e.g., Article 62(1) of the Criminal Act on the grounds for sentencing)

1. Article 62-2 of the Criminal Code of the Order to Attend a lecture shall be subject to criticism in that it repeats a crime, even though there are several times the same records of punishment for the same offense.

However, the degree of alcohol concentration in blood is not high, the attitude of reflecting the sale of vehicles, etc. is shown, and the health status is not good (Grade 2), etc. shall be considered as favorable sentencing factors, and the sentence shall be determined like the order.