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 became final and conclusive.

Punishment of the crime

[criminal power] On October 11, 2007, the Defendant was issued a summary order of KRW 2 million for a crime of violating the Road Traffic Act in the Daegu District Court racing support. On April 29, 2009, the Defendant was issued a summary order of KRW 1 million for the same crime.

【Criminal Facts】

On June 2, 2020, at around 22:15, the Defendant driven a DNA car with the blood alcohol concentration of about 0.105% from the front parking lot of the C Hospital in the C Hospital, which was located in B, to the aftermath of the hospital.

Accordingly, the defendant violated the Road Traffic Act's prohibition of drinking driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control of drinking driving;

1. An inquiry report, such as a criminal history;

1. Application of Acts and subordinate statutes to the investigation report (same-class power);

1. Relevant legal provisions concerning the facts of crime, Articles 148-2 (1) and 44 (1) of the Road Traffic Act that choose the penalty, and the choice of imprisonment;

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

1. The sentence shall be determined as ordered by comprehensively taking into account the following factors: (a) the reason for sentencing under Article 62(1) of the Criminal Act; (b) the degree of blood alcohol concentration; (c) the criminal records; (d) the vehicle sales; and (e) the Defendant’s age, environment; (e) character and conduct; and (e) the various factors of sentencing