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 November 5, 2012, the Defendant violated the prohibition of drinking driving by receiving a summary order of a fine of KRW 1.5 million for a violation of the Road Traffic Act from the Seo-gu District Court's Branch Branch on November 5, 2012.

【Criminal Facts】

On October 3, 2019, at around 03:10, the Defendant driven D Launa car under the influence of alcohol with approximately 500 meters alcohol concentration 0.134% from the front of the restaurant in which it is impossible to know the trade name in the long-term Dong of Daegu-gu, Daegu-gu, and around 03:15 the same day to the front road of the C, located in the same Gu B.

Therefore, although the defendant was punished as a drunk driving, he again driven a motor vehicle under the influence of alcohol.

Summary of Evidence

1. Defendant's legal statement;

1. Reporting on detection of violations of the Road Traffic Act, notification of the results of the regulation of drinking driving, and report on the circumstantial statement of a drinking driver;

1. Previous convictions indicated in judgment: Criminal records, investigation reports, and application of Acts and subordinate statutes governing 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, despite the fact that the Defendant had been punished twice by a fine due to drinking alcohol driving, is in a disadvantageous condition, such as the fact that the Defendant committed the instant crime and the fact that drinking alcohol is high.

However, considering the fact that the defendant confessions the crime of this case and repents his mistake, there is no record of punishment exceeding the fine, and the age, character and conduct, environment, family relationship, means and result of the crime of this case, the punishment as ordered shall be determined in consideration of all the sentencing conditions shown in the arguments of this case, such as the circumstances after the crime.