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 September 29, 2014, the Defendant received a summary order of KRW 5 million for the crime of violating the Road Traffic Act from the Daegu District Court.

【Criminal Facts】

On January 5, 2020, at around 01:35, the Defendant, as a person with the power of violating the duty of prohibition of driving under the influence of alcohol, driven a Cbenz car in the state of alcohol of approximately 0.167% in a section of about 37 km from the Doo-gun, Chungcheongnam-gun, Gyeongnam-gun, Seoul, for the period from around 01:35, the Defendant driven a Cbenz car under the influence of alcohol concentration of about 0.167%.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the occurrence of a traffic accident;

1. Report on the circumstantial statements of a drinking driver and report on the control of drinking driving;

1. Previous convictions indicated in judgment: Application of criminal records, reply reports, investigation reports, and 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. Elements of sentencing unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act: The defendant re-driving a motor vehicle even though he/she had a record of punishment for drunk driving in 2014, a traffic accident involving the defendant's drunk driving caused him/her to occur, and the blood alcohol concentration at the time is high;

(k) favorable sentencing factors: The fact that the defendant acknowledges and reflects his mistake; the fact that there is no criminal record other than the one time fine; the family members of the defendant want to take the action against the defendant; disposing of the vehicle;

In addition, the defendant's age, character and conduct, environment, motive, means and consequence of the crime, and circumstances that form the sentencing as shown in the records and arguments of this case, including the circumstances after the crime.