A defendant shall be punished by imprisonment for a term of one year and two months.

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 September 2, 201, the Defendant issued a summary order of KRW 1 million for a crime of violating the Road Traffic Act (driving) at the port support of the Daegu District Court on September 2, 201, and on June 1, 2012 by the same court, a summary order of KRW 4 million for the same crime.

【Criminal Facts】

Nevertheless, at around 22:23 on September 18, 2020, the Defendant driven a car with C in the section of approximately 1 km from 1km to B, in the state of drunk alcohol concentration of about 0.047%.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statement, investigation report, and notification of the results of the control of drinking driving;

1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes of a summary order;

1. Article 148-2(1) and Article 44(1) of the former Road Traffic Act (amended by Act No. 17371 of Jun. 9, 2020), the choice of imprisonment for a crime, and the choice of a sentence

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 under Article 62-2 of the Criminal Act regarding the order to provide community service and attend lectures was even when the defendant was punished twice due to drinking driving since 2010, and the drinking driving of this case was also conducted at the same time. Considering the risk of the occurrence of the accident and the purport of the amendment of the amended Act, the nature of the crime is not easy.

However, considering the fact that the defendant is led to confession and reflect, the fact that there is no previous conviction in excess of the fine yet, and the fact that the accident does not lead to the accident, other factors such as the defendant's age, attitude, environment, driving circumstances, distance, circumstances after the crime, etc., the punishment shall be determined as ordered by taking into account various sentencing conditions shown in the records and arguments.