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.

Punishment of the crime

On March 2, 2011, the Defendant received a summary order of KRW 1 million as a crime of violating the Road Traffic Act (driving) at the port branch of the Daegu District Court on March 2, 201, and was sentenced to a fine of KRW 2 million as a crime of violating the Road Traffic Act (driving) at the Daegu District Court on October 7, 2016.

Nevertheless, at around 01:47 on February 9, 2020, the Defendant driven the Eland in the Eland under the influence of alcohol concentration of approximately 0.172% from approximately 619 meters from the 619m section to the Dogdong-gu Gagdong-gu Gagdong-gu Gagdong-gu Gagdong-gu Gagdong-si Gagdong-si Gagdong-si.

Accordingly, the defendant violated Article 44 (1) or (2) of the Road Traffic Act not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. On-site photographs and report on investigation into the circumstantial statements of the driver (report on the circumstances of the driver);

1. Reporting on an investigation into the inquiry request for appraisal (attached to vehicles submitted by suspects, such as black boxes, video CDs, closure screens, etc.);

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

1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1) and 44 (1) of the Road Traffic Act which choose the penalty;

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

1. The reasons for sentencing under Article 62-2 of the Act on the Suspension of Execution under Article 62-2 of the Criminal Act, the Defendant stopped at one-lane while driving a vehicle while under the influence of alcohol and diving. As such, the Defendant could have been under the risk of road traffic by driving the vehicle. On the other hand, the Defendant had the penalty power for the same kind of crime two times, on the other hand, the Defendant recognized the crime, and there is no specific penalty power in addition to the record of the suspended sentence once, and on the other hand, the Defendant has the motive and background of the crime, method and consequence of the crime, the circumstances after the crime, the age of the Defendant, the environment, and the criminal record relationship, etc. shall be determined as per the order.