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 December 26, 2007, the Defendant issued a summary order of KRW 1 million for the crime of violation of the Road Traffic Act at the Daegu District Court, and a summary order of KRW 2 million for the same crime at the same court on June 11, 2008, respectively.

【Criminal Facts】

Although the Defendant had a record of violating the prohibition of drunk driving under the Road Traffic Act, at around 23:30 on January 21, 2020, the Defendant driven a FMW car under the influence of alcohol with approximately 300 meters alcohol concentration of 0.129% from the 300-meter section from the c parking lot located in Daegu L-gu B to the e-road located in Daegu Dong-gu D.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statements of a drinking driver, and notification of the result of crackdown on drinking driving;

1. Previous records: Criminal records, inquiry reports, and application of Acts and subordinate statutes to investigation 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. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act on probation and order to attend lectures;

1. The sentencing criteria are not set for the crimes of this case to which the sentencing criteria are applied.

2. Determination of sentence: (a) comprehensively taking into account the following circumstances and the Defendant’s age, occupation, character and conduct, environment, motive, means and consequence of the commission of the commission, circumstances after the commission of the commission of the commission, etc.; and (b) the conditions of various sentencing as shown in the argument of the instant case:

The defendant, even though he had been subject to punishment twice due to a drunk driving, was driving under the influence of alcohol again after the enforcement of the current Road Traffic Act, which greatly strengthened the control standards and statutory penalty.

The defendant's blood alcohol concentration level is high to the criteria for revocation of license.

A favorable condition: The defendant recognizes the crime of this case.