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 March 15, 2017, the Defendant issued a summary order of KRW 2 million as a fine for a violation of the Road Traffic Act at the Daegu District Court and KRW 2.5 million as a fine in the same court on August 9, 2019, respectively.

【Criminal Facts】

On May 13, 2020, at around 21:00, the Defendant driven a motor bicycle with approximately 80 meters alcohol concentration of about 0.116% in the section of approximately 80 meters from the front of Daegu Northern-gu B to the front of the same Gu Chora, while under the influence of alcohol concentration of about 0.116%.

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

Summary of Evidence

1. For the accused's legal statement, his/her oral statement, his/her circumstantial statement, the results of the drinking driving control, and the records of his/her internal investigation into an on-site photograph: The application of Acts and subordinate statutes to criminal records, criminal investigation reports (verification of the same criminal records), and summary order reports;

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. Taking into account the fact that the sentencing grounds for Article 62-2 of the Criminal Act include a large number of criminal records of the defendant with the same kind of crime, which led to the crime of this case again, and the drinking volume is high by 0.116%, considering the favorable sentencing factors, such as the confession of the defendant and the fact that the defendant is a person with a disability of Grade III, etc., the defendant is sentenced to the same punishment as the order of the defendant, taking into account all other circumstances, including the defendant’s age, occupation, background leading up to the crime, driving distance, driving means, and circumstances after