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 January 26, 2017, the Defendant was sentenced to a suspended sentence of two years in August 201 to imprisonment with prison labor for a violation of the Road Traffic Act, etc. in a sex support by the Daegu District Court.

Although the Defendant had the power of violating the provision on the prohibition of driving under the influence of alcohol as above, the Defendant driven a C-do motor vehicle under the influence of alcohol with a blood alcohol concentration of 0.154% from the place where it cannot be known at around 03:35 on July 19, 2020 to the front of the Gyeongbuk-gun B.

Summary of Evidence

1. The legal statement, a written statement prepared by the defendant, a traffic accident-related person, a report on the occurrence of a traffic accident, a actual condition investigation report, and a scene photograph;

1. Report on the circumstantial statement of a drinking driver, investigation report (report on the circumstances of a drinking driver), appraisal report, notification of the results of the drinking driving control, and CCTV photographs;

1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes to investigation reports (Attachment to previous records of sound driving and judgment);

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. It shall be particularly considered that the reason for sentencing under Article 62(1) of the Criminal Act is reflective to the accused, the degree of the offender's behavior, and the records of drinking driving (one time of suspended sentence of imprisonment); and