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 record] On February 26, 2010, the Defendant was issued a summary order of KRW 1 million for the crime of violating the Road Traffic Act in Daegu District Court racing support, and a summary order of KRW 3 million for the crime of violating the Road Traffic Act on June 4, 2012.

【Criminal Facts】

On September 8, 2019, at around 22:15, the Defendant driven a Fran vehicle while under the influence of alcohol content of about 0.108% from the 1 kilometer section of approximately 1 kilometer from the front of the B cafeteria in the racing-si to the front of the Eriju station located in D.

Accordingly, the defendant, who violated the Road Traffic Act prohibiting driving under the influence of alcohol, was driving a motor vehicle under the influence of alcohol in violation of the Road Traffic Act.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the result of the drinking driving control;

1. Investigation report (Confirmation of the same kind of power);

1. Application of Acts and subordinate statutes to criminal records, inquiry reports;

1. Relevant Articles 148-2 (1) and 44 (1) of the Road Traffic Act concerning the facts constituting the crime;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. The sentencing of Article 62-2 of the Social Service Order Act on the grounds of sentencing shall be determined as ordered by comprehensively taking into account the following factors: (a) the background of the instant crime; (b) blood alcohol concentration; (c) the records of the instant crime; and (d) the accused’s age, environment; (d) character and conduct; (e) motive and means of the crime; and