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 of the final judgment.

Punishment of the crime

[Criminal Power] On April 18, 2008, the Defendant was issued a summary order of KRW 700,000 as a crime of violation of the Road Traffic Act in the resident support of the Daegu District Court.

【Criminal Facts】

On January 8, 2020, around 18:05, the Defendant driven a Fpoter cargo vehicle with approximately 50 meters alcohol level 0.172% under the influence of alcohol level 0.172%, from the front of the “C” restaurant located in D in the same city to the front of the “Epoter” restaurant located in D.

Accordingly, the Defendant driven a motor vehicle under the influence of alcohol not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. G statements;

1. Report on the circumstantial statement of a drinking driver, report on the results of crackdown on drinking driving, inquiry on the results of crackdown on drinking driving, and response to requests for appraisal;

1. Report on the occurrence of a traffic accident, the actual condition survey report, and on-site photographs;

1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes concerning criminal records and investigation reports;

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. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

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

1. The reasons for sentencing under Article 62-2 of the Criminal Act include the Defendant’s records of being punished for drunk driving even before the instant crime, and the Defendant’s blood alcohol concentration at the time of the instant case is very high to 0.172%.

However, considering the fact that the previous criminal records of the defendant were about 2008 and that the defendant was sentenced to a fine, and that the defendant is expected not to repeat the crime, the punishment shall be determined by comprehensively taking into account the defendant's age and happiness environment, motive means of the crime, results of the crime, and circumstances after the crime, etc., and all the sentencing conditions stated in the arguments and records of the case shall be determined and the execution of the punishment shall be suspended only once.