A defendant shall be punished by imprisonment for one year.

except that 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 July 3, 2007, the Defendant was issued a summary order of KRW 2 million as a crime of violation of the Road Traffic Act in the Seogu District Court Branch of Seogu District Court on July 3, 2007.

【Criminal Facts】

On December 9, 2019, the Defendant was punished for the violation of the Road Traffic Act (driving) as seen above, but was under the influence of alcohol concentration of 0.036% in blood, the Defendant driven BK5 car at approximately 100 meters in the section of approximately 100 meters in front of the 477 official monthly street in front of the restaurant in the vicinity of the Sungdong-gu, Seogu, Daegu-gu, the Sungdong-gu, the Sungdong-gu, the Sungdong-dong, in front of the restaurant.

Summary of Evidence

1. Defendant's legal statement;

1. Reporting on detection of any suspect in violation of the Road Traffic Act, reporting on the state of his/her driving, reporting on the control of drinking and driving, and reporting on the results of the control of drinking and driving;

1. Previous convictions indicated in judgment: The application of Acts and subordinate statutes to criminal records and investigation reports (attached to summary orders);

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

1. The reason for sentencing under Article 62(1) of the Criminal Act in the suspended sentence is that the defendant was sentenced to a fine twice due to drinking alcohol driving, and that he was sentenced to a fine four times due to a non-licensed driving, but the defendant was also under the influence of drinking alcohol driving. The fact that the nature of the crime is not good is disadvantageous.

However, considering the fact that the defendant led to the crime of this case and misunderstanding is divided, there is no particular punishment history since around 2012, drinking water is not high, and the defendant's age, character and behavior, environment, family relationship, means and result of the crime, and circumstances after the crime of this case, the punishment shall be determined as ordered by the order, taking into account all the kinds of sentencing conditions shown in the arguments of this case, such as the defendant's age