A defendant shall be punished by imprisonment for one year.

except that 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 23, 2006, the Defendant received a summary order of KRW 2.5 million from the Daegu District Court due to a violation of the Road Traffic Act (driving).

【Criminal Facts】

On April 10, 2020, at around 01:30, the Defendant driven a car in the 1km section from around 1 km to the 3rd front of the same Gu B apartment, from the 1km road in the middle-gu Franchisium, while under the influence of alcohol by 0.145% of blood alcohol concentration.

Accordingly, the defendant violated the Road Traffic Act that he shall not drive a motor vehicle under the influence of alcohol at least twice.

Summary of Evidence

1. Defendant's legal statement;

1. Investigation report (report on the circumstances of an immigration driver);

1. Notification of the results of the control of drinking driving, report on the state of drinking drivers' state statement, and inquiry into the results of the control of drinking driving;

1. Photographs at the time of detection;

1. Criminal records as indicated in the judgment: Application of criminal records, inquiry reports, investigation status (Attachment of criminal records and related summary orders), and copies of summary order Acts and subordinate statutes;

1. Relevant Articles 148-2 (1) and 44 (1) of the Road Traffic Act, the choice of punishment for the crime, and the choice of imprisonment;

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

1. The reason for sentencing under Article 62(1) of the Criminal Act, even though the Defendant had had a record of having been punished one time due to drunk driving, repeated the same crime.

In 2007 and 2009, the Defendant has been punished by a fine for driving without a license.

At the time of the instant case, the Defendant’s blood alcohol concentration is very high to 0.145%, and the fact of drinking was discovered by the police officer who was dispatched after stopping in the passage of the apartment parking lot, and reported that he was diving.

In light of these points, it is necessary to strictly punish the defendant.

However, there is no history of criminal punishment exceeding a fine.