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 May 28, 2007, the Defendant was issued a summary order of KRW 1 million for a crime of violation of the Road Traffic Act in the Seo-gu District Court Branch of the Daegu District Court, and a summary order of KRW 1.5 million for the same crime in the same court on January 29, 2009, respectively.

【Criminal Facts】

On May 17, 2020, the Defendant driven a F Sti-type car under the influence of alcohol content of about 16 km from the section of about 16 km from the front of the restaurant to the Eingu road located in the same Si-gun D, the Defendant driven a F Sti-type car under the influence of alcohol content of about 0.20% from May 17, 202.

Therefore, although the defendant had a history of punishment for drinking driving, he was driving a motor vehicle while under the influence of drinking.

Summary of Evidence

1. Defendant's legal statement;

1. Reporting on detection of suspects in violation of the Road Traffic Act and reporting on investigation thereof (report on the circumstances of a drinking driver);

1. Report on detection of a host driver and report on the circumstances of a host driver;

1. On-site photographs;

1. Criminal records as indicated in the judgment: Application of criminal records, reply reports, and criminal investigation conditions (verification of criminal records of the same kind as a suspect) 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. The reason for sentencing under Article 62(1) of the Criminal Act, even though the Defendant had had a record of having been sentenced to a fine twice due to drunk driving, repeated the same crime.

At the time of the instant case, the Defendant’s blood alcohol concentration is very high to 0.20%.

In light of these points, it is necessary to strictly punish the defendant.

However, as seen earlier, the fact that the defendant has been aware of the fact of the crime and the fact that the defendant has no record of criminal punishment other than the fine imposed on two occasions due to drinking driving, etc. shall be considered as favorable to the defendant, and the age, character, character, environment, family relationship, and family environment of the defendant.