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.

Punishment of the crime

[criminal power] On November 3, 2006, the Defendant was issued a summary order of KRW 1.5 million for the crime of violation of the Road Traffic Act in the Daegu District Court and the Defendant issued a summary order of KRW 3 million for the same crime from April 12, 2012 to the same support.

【Criminal Facts】

On October 8, 2019, at around 20:02, the Defendant driven a ENAS car with approximately 300 meters alcohol concentration of 0.087% while under the influence of alcohol from around 300 meters to the front road of the D farm located in Si, Si, si.

As a result, the defendant, who has been in violation of the Road Traffic Act prohibiting driving under the influence of alcohol, was driving a motor vehicle again under the influence of alcohol in violation of the above prohibition provision.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control of drinking driving;

1. An inquiry report, such as a criminal history;

1. Investigation report (Confirmation of the same kind of power) - Application of each one of the summary order 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 sentencing of Article 62-2 of the Social Service Order Act on the grounds of sentencing shall be determined as ordered by comprehensively taking into account the following factors: (a) the background of the instant crime; (b) blood alcohol concentration; (c) the records of the instant crime; and (d) the accused’s age, environment; (d) character and conduct; (e) motive and means of the crime; and