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

On October 16, 2006, the Defendant received a summary order of a fine of one million won for the crime of violating the Road Traffic Act (driving) in the family branch of the Daegu District Court.

Although the Defendant had the power of violating the prohibition of driving under the influence of alcohol as above, the Defendant driven a DNA rocketing car from around 14:20 on May 21, 2020 to around 0.127% of blood alcohol concentration from around 200 meters to the front road of the Rain’s house located in the Seongbuk-gun of Seongbuk-gun, the Defendant was under the influence of alcohol at around 0.127%.

Accordingly, the Defendant violated the prohibition of driving under the influence of alcohol not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Copy of the circumstantial statement of a drinking driver, copy of the investigation report (report on the circumstances of a drinking driver), notification of the results of the control of drinking driving, and inquiry into the results of the control of drinking driving;

1. Previous records of judgment: Criminal records, inquiry reports, and criminal investigation reports (applicable to criminal records and criminal records of a suspect's drunk driving and a summary order);

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. It particularly takes into account the defendant's reflectivity, the degree and distance of driving, the fact that the state of health is not good due to liver cancer among the reasons for sentencing under Article 62 (1) of the Criminal Act, and the same kind of power (two times of fines until 2006).