A defendant shall be punished by imprisonment for a term of one year and two months.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Punishment of the crime

[criminal history] On April 9, 2007, the Defendant was issued a summary order of KRW 2 million for a crime of violating the Road Traffic Act in the Daegu District Court and Racing Support. On March 3, 2008, the Defendant was issued a summary order of KRW 4.5 million for a crime of violating the Road Traffic Act. On April 12, 2011, the Defendant was sentenced to a suspended sentence of KRW 8 months for a crime of violating the Road Traffic Act. On September 17, 2013, the Defendant was sentenced to a suspended sentence of 10 months for a crime of violating the Road Traffic Act. On December 24, 2013, the Defendant was sentenced to a suspended sentence of 2 months for a crime of violating the Road Traffic Act. The Defendant was sentenced to a suspended sentence of 6 months for a crime of violating the Road Traffic Act (driving) in the same court on March 24, 2013, and was sentenced to imprisonment with prison labor for a violation of the Road Traffic Act (driving Act).

[2] The Defendant: (a) had the record of violating the provision prohibiting driving of drinking alcohol as above; (b) on December 28, 2020, around 07:10 on the same day, the Defendant driven a C New-Katicom with alcohol level of about 0.043% under the influence of alcohol level from around the Yellow Park around 1.5 km-si to the front day of the building B of the racing-si.

Accordingly, the Defendant violated the prohibition of drinking driving under the Road Traffic Act more than twice.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the occurrence of a traffic accident, a survey report on actual condition, a report on the circumstances of the driver at the scene of an accident, an investigation report, and an investigation report on the results of regulating the driving of drinking alcohol (the details of the driver'sD telephone communications statement);

1. Previous convictions: Application of an inquiry letter, such as criminal history, and an investigation report (the same and similar criminal records of the suspect) statute;

1. Article 148-2 (1) and Article 44-2 (1) of the Road Traffic Act concerning the facts constituting an offense and Articles 148-2 (1) and 44 of the same Act;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The defendant's reasons for sentencing under Article 62-2 of the Criminal Act, such as the observation of protection and order to attend lectures, and the suspension of the execution of imprisonment due to the crime of drinking driving.