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 record] On November 13, 2018, the Defendant violated the prohibition of drinking driving by being suspended from indictment for a violation of the Road Traffic Act at the Daegu District Prosecutors' Office.

【Criminal Facts】

On September 24, 2019, at around 03:20, the Defendant driven D Q5 car under the influence of alcohol content of about 0.099% from the section of approximately 4km from around 03:30 on the same day from September 24, 2019 to the front road of the Seogugu Seog-gu, Daegu-gu, Daegu-si, Seoul-si.

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 the occurrence and autopsy of a case under violation of the Road Traffic Act, notification of the results of the regulation of drinking and report on the circumstantial statement of a drinking driver;

1. Before judgment: Criminal records, investigation reports, and application of Acts and subordinate statutes concerning decisions not to prosecute;

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, even though there was a history of having been sentenced to suspension of indictment on November 13, 2018 due to drinking driving, the Defendant committed the instant crime, disregarding the police officer’s demand for stopping, and fleding about 1km, are disadvantageous circumstances.

However, in light of the fact that the defendant confessions the crime of this case and repents his mistake, there is no record of criminal punishment, and other various sentencing conditions specified in the arguments of this case, including the defendant's age, character and conduct, environment, family relationship, means and result of the crime, etc., the punishment shall be determined as ordered.