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

[Criminal Power] On November 14, 2014, the Defendant was sentenced to a suspended sentence of one year for six months by imprisonment with prison labor for a violation of the Road Traffic Act in the Daegu District Court's Ansan Branch.

【Criminal Facts】

On December 26, 2019, the Defendant driven a FM5 vehicle under the influence of alcohol with approximately 00 meters alcohol concentration of about 0.106% from the 300-meter section from the front road in C, which is permanently residing in D, to the front road in D, permanently residing in D.

As a result, the defendant violated the prohibition of drunk driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. G statements;

1. Criminal land, report on the occurrence of a traffic accident, report on the situation of a driver of a driving abroad, investigation report, notification on the results of crackdown on drinking driving, report on the actual situation, survey report, report on the scene photograph of an accident, register of driver's licenses, and car-type inquiry; and

1. Previous convictions: References to criminal records and investigation reports (Attachment to rulings related to traffic regulations, etc.);

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. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Criminal Act is that the defendant again committed the crime of drunk driving despite the fact that he/she had been punished three times for the same kind of crime.

However, in light of the circumstances favorable to the defendant, such as the defendant's occupation, age, character and conduct, environment, motive, background, means and consequence of the crime, and circumstances after the crime, the punishment as ordered shall be determined in accordance with the order.