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.

Criminal facts

【Criminal Power】 On September 17, 2007, the Defendant was sentenced to a fine of one million won for a violation of the Road Traffic Act (driving) at the port branch of the Daegu District Court on September 17, 2007, a fine of five million won for the same crime in the same court on February 1, 2010, and a fine of five million won for the same crime in the same court on October 4, 2012.

【Criminal Administration” around July 23, 2020, the Defendant driven a DNA car while under the influence of alcohol at approximately 4 km from the road parking lot from the south-gu automatic dyp road to the road in front of the Cypian in the same Gu, at approximately 0.138% of alcohol level, from the 4km section to the road in front of the Cypian.

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. Reporting on detection of cases of violation of the Road Traffic Act, notification of the results of the regulation of drinking driving, report on the state of drinking drivers, and photographs at the time of control;

1. Previous records of judgment: Criminal records, inquiry reports and application of Acts and subordinate statutes to investigation reports (verification of the same type of suspect records);

1. Relevant laws concerning criminal facts, Articles 148-2 (1) and 44 (1) of the Road Traffic Act which choose the penalty, and the choice of imprisonment;

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

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

1. When considering the high level of blood alcohol content for the reason of sentencing in Article 62-2 of the Criminal Act, and the record of drunk driving in 2002, this is the 5th drinking driving, the last drinking driving is somewhat somewhat at intervals between time and time, and other various conditions of sentencing, which are shown in the records and arguments, such as the motive, means and result of the instant crime, the circumstances after the crime, the age of the accused, character and conduct and environment, etc., are considered.