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 March 28, 2017, the Defendant was issued a summary order of KRW 5 million for the violation of the Road Traffic Act (driving) in the Daegu District Court Kimcheon Branch on March 28, 2017.

【Criminal Facts】

On April 28, 2020, the Defendant driven a F QM3 vehicle under the influence of alcohol 0.143% in the section of approximately 2 km from the front of C in Gumi-si B to the front of E in the same city as D, from April 28, 2020.

Accordingly, the defendant violated Article 44 (1) of the Road Traffic Act not less than twice.

Summary of Evidence

1. Defendant's legal statement;

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

1. A traffic accident report (1) (1) and a traffic accident report (2) (2).

1. Previous records before ruling: Criminal records, inquiry reports, investigation reports (verification of the same criminal records as a suspect), application of Acts and subordinate statutes of a summary order;

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. 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 circumstances in which the defendant was driven at the time of the crime of this case; (b) the defendant's status at the time of driving; and (c) all of the sentencing conditions shown in the records and arguments of this case, including the defendant's records and records of the same crime