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 June 15, 2015, the Defendant was issued a summary order of KRW 3 million for a crime of violating the Road Traffic Act in the resident support of the Daegu District Court, and a summary order of KRW 3 million for the same crime in the same court on October 29, 2018, respectively.

[Criminal facts] On November 6, 2020, the Defendant driven a car with alcohol content of about 0.132% from the first day of the community hall located in B at the time of stay at around 23:18 to C, while under the influence of alcohol content of about 4 km during blood.

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. Statement by the defendant in court;

1. Notification of the results of regulating the driving of drinking, inquiry of the results of regulating the driving of drinking, and statement of the situation of the driver;

1. Previous convictions in judgment: Inquiry about criminal history and application of Acts and subordinate statutes of investigation report (the previous confirmation of criminal history);

1. Article 148-2(1) and Article 44-2(1) of the former Road Traffic Act (amended by Act No. 17371 of Jun. 9, 2020), Articles 148-2(1) and 44(1) of the same Act, the selection of punishment for a crime

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 suspended execution;

1. The Defendant’s reason for sentencing under Article 62-2 of the Criminal Act of the community service order and the order to attend a lecture committed a second offense, despite the fact that the Defendant was punished for drinking driving two times.

There is a high possibility of criticism in that the punishment force of the accused is within five years from the instant case.

At the time of the instant case, the alcohol concentration in the blood is very high to 0.132%.

In this respect, the issue is not easy.

However, the same criminal records of the defendant are both fines, and the defendant will sell the vehicle and will not repeat the crime.

Considering the fact that the defendant's age and character environment, motive and consequence of the crime, circumstances after the crime, etc., the punishment shall be determined by comprehensively taking into account the arguments in this case and all of the sentencing conditions recorded in the records, and the punishment shall be limited to this time.