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 February 1, 2013, the Defendant was sentenced to a fine of KRW 1.5 million for a violation of the Road Traffic Act (driving) at the Seog Branch of the Daegu District Court on February 1, 2013, and the same month.

9. The judgment became final and conclusive.

【Criminal Facts】

On July 28, 2019, at least 07:50, the Defendant operated a motor vehicle with the E window Somom, while under the influence of alcohol level of about 0.086%, and violated Article 44(1) of the Road Traffic Act at least twice.

Summary of Evidence

1. Defendant's legal statement;

1. Reporting on detection of and investigation into violations of the Road Traffic Act (report on the circumstances of a drinking driver);

1. Report on the state of state of drinking drivers, and notification of the results of the regulation of drinking driving;

1. On-site photographs;

1. Criminal records as indicated in the judgment: The results of inquiry and the application of the investigation report-related Acts and subordinate statutes;

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. 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, even though the Defendant had a record of criminal punishment for drinking driving twice in 2004 and 2013, repeated the same offense.

At the time of the instant case, the Defendant’s blood alcohol concentration is considerably high to 0.086%.

In light of these points, it is necessary to strictly punish the defendant.

However, the fact that the defendant has committed a second offense by breaking his mistake, and that there is no record of punishment exceeding the fine, etc. shall be considered as favorable to the defendant, and the defendant's age, character and behavior, environment, family relationship, family environment, circumstances after the crime, and various sentencing conditions specified in the records and arguments of this case, including the circumstances after the crime, shall be determined as ordered by taking into account the following factors.