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 became final and conclusive.

Punishment of the crime

On September 24, 2009, the Defendant received a summary order of KRW 1 million as a fine for a violation of the Road Traffic Act, and KRW 3 million as a fine for a violation of the Road Traffic Act, in the sex support of the Daegu District Court on March 26, 2012, from the Seogu District Court Branch of Seogu District Court on September 24, 2009.

At around 19:50 on January 31, 2020, the Defendant driven a F 124cc camba in the state of alcohol alcohol concentration of approximately 0.110% at the section of about 30km from the front of the “C” road in the Seongbuk-gun B of the Gyeongbuk-gun to the front of the “Ehigh School” in the same Gun D.

As a result, although the defendant was punished for a drunk driving, he again driven a motor vehicle while under the influence of alcohol.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the situation of driving under the influence of alcohol, report on the situation of a driver under the influence of alcohol, report on internal investigation (limited to attachment of photographs of a suspect A injured and a two-wheeled vehicle), and inquiry into the results of the crackdown on driving under the influence of alcohol;

1. Previous records of judgment: Application of Acts and subordinate statutes, such as criminal records, inquiry reports, and summary orders;

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. Article 11 and Article 55 (1) 3 of the Criminal Act for mitigation of deaf-mutes;

1. The sentence identical to the order shall be determined by comprehensively taking into account the following circumstances under Article 62(1) of the Criminal Act: the defendant’s age, environment, character and conduct, motive of the crime, means and consequence of the crime, and the circumstances after the crime was committed.

A favorable circumstance: The defendant acknowledges his mistake as a deaf-mute, repents, and does not repeat again.

Unfavorable circumstances: In light of the distance of drinking driving and the degree of drinking, the crime of this case was not good, and even though there was a record of three times of fine due to the traffic crime, the crime of this case was committed again.