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 power] On January 4, 2010, the Defendant was issued a summary order of KRW 2 million for the crime of violating the Road Traffic Act in the resident support of the Daegu District Court, and a summary order of KRW 4 million for the same crime in the same court on February 5, 2018, respectively.

【Criminal Facts】

On June 2, 2020, at around 21:19, the Defendant: (a) planned a car in a state of alcohol alcohol concentration of approximately 00 meters from the section of approximately 100 meters, from the front of “C parking lot” to the front of “E” in “E” located in the Yancheon-gun, Chungcheongnamcheon-gun; and (b) driven a car in a state of 0.16% under the influence of alcohol concentration.

Accordingly, the defendant violated Article 44 (1) of the Road Traffic Act prohibiting driving under the influence of alcohol at least twice.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the crackdown on drinking driving, the results of crackdown on drinking driving, and the circumstantial statement of a drinking driver;

1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes concerning criminal records and investigation reports;

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. Article 62 (1) of the Criminal Act;

1. The reason for sentencing of Article 62-2 of the Criminal Act on the order to provide community service and attend lectures was five times or more but the defendant had no record of punishment for drunk driving.

Although 2003 work, the defendant was sentenced to a suspended sentence of imprisonment due to drinking traffic accidents.

At the time of the instant case, the blood alcohol concentration is very high to 0.166%.

However, considering the fact that the defendant would dispose of the vehicle and will not repeat the crime, the distance of the vehicle operated by the defendant is not clear, and the defendant supports the same with the married wife and the disabled, the punishment shall be determined by comprehensively taking into account the defendant's age and behavior environment, motive means of the crime, results of the crime, circumstances after the crime, etc., and all of the sentencing conditions stated in the arguments and records of the case, including the circumstances after the crime, shall be determined only once.