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

On October 31, 2016, the Defendant was issued a summary order of KRW 1.5 million for a fine for a violation of the Road Traffic Act in the Daegu District Court Kimcheon-do branch on October 31, 2016.

On April 22, 2020, at around 21:40, the Defendant driven a F Sti-type car with approximately 50m alcohol concentration of about 0.138% under the influence of alcohol from the section of about 50m from the front of C in Gumi-si B to the front of E in D.

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

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statements of a drinking driver, and inquiry into the results of the control of drinking driving;

1. Previous records of judgment: Application of criminal records, inquiry reports, investigation reports (verification reports of the same type of crime records) and other 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 grounds for sentencing under Article 62-2 of the Criminal Act include: (a) the defendant's blood alcohol concentration, driving distance, the defendant's circumstances leading to driving at the time of the crime of this case; (b) the defendant's status at the time of driving; and (c) all the sentencing conditions specified in the records and arguments, including the defendant's punishment records, shall be determined as ordered.