A defendant shall be punished by imprisonment for a term of one year and four months.

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

Punishment of the crime

[criminal power] On September 15, 2014, the Defendant was issued a summary order of KRW 3 million as a crime of violating the Road Traffic Act (driving) at the Seo-gu District Court’s Branch Branch, and KRW 4 million as a fine at the Daegu District Court’s Daegu District Court on December 18, 2015, respectively.

【Criminal Facts】

On March 3, 2020, at around 00:34, the Defendant driven an Eco-sports cargo vehicle with approximately KRW 200 meters alcohol level 0.064% under the influence of alcohol level on the section of about 200 meters from the front of the restaurant located near the Daegu Northern-gu B building to the front of the cafeteria located in the same Gu C.

Accordingly, the defendant violated the prohibition of drinking driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the crackdown on drinking driving and the circumstantial statement of a drinking driver;

1. Previous records of judgment: Application of criminal records, inquiry reports, investigation reports (former records and confirmations) and Acts and subordinate statutes;

1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1) and 44 (1) of the Road Traffic Act which choose the penalty;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

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

1. The crime of this case on the grounds of sentencing of Article 62-2 of the Criminal Act on probation and order to attend a lecture is highly likely to be subject to criticism in light of the fact that the crime of this case on the grounds of sentencing of Article 62-2 of the Criminal Act is highly likely to cause danger and harm caused by drinking driving, the actual accident occurred, the same criminal power has four times, and the final criminal

However, the sentencing conditions specified in the arguments of this case, such as the defendant's age, character and conduct, environment, motive, means and consequence of the crime, etc., are considered in light of the fact that the defendant reflects his mistake in depth, that the blood alcohol concentration at the time is not relatively high, the fact that the blood alcohol concentration at the time is involved in various physical accidents, and the defendant's age, character and character, environment, motive, means