A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Punishment of the crime

On March 31, 2015, the Defendant was sentenced to a summary order of one million won for a crime of violating the Road Traffic Act in the Daegu District Court Kimcheon Branch on March 31, 2015, and on September 21, 2016, the Defendant was sentenced to a suspended sentence of two years for imprisonment with prison labor for a crime of violating the Road Traffic Act.

On April 25, 2020, at around 02:55, the Defendant driven DK 3 automobiles while under the influence of alcohol with approximately 1.4 kilometers of alcohol concentration of about 0.075% from the roads near C Hospital located in Gu, Si, Si, Si, Gu, Si to the respective mountain street roads located in Gu, Si, Si, Si, Gu.

Accordingly, the defendant violated the prohibition of drinking driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statement of a drinking driver, and inquiry into the results of crackdown on drinking drivers;

1. A report on internal investigation and on-site photographs;

1. Previous records of judgment: Application of criminal records, inquiry reports, investigation reports (verification reports of the same criminal records) and other 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. Article 62 (1) of the Criminal Act;

1. Probation and community service order, orders to attend education, the same criminal records of the defendant for the reason of sentencing under Article 62-2 of the Criminal Act, the blood alcohol density of the defendant in this case, and other conditions of all kinds of sentencing as shown in the pleadings of this case, including the defendant's age, character and conduct, environment, motive, means and consequence of the crime, etc., shall be determined by taking into account