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 three years from the date this judgment becomes final and conclusive.

Punishment of the crime

[Criminal Power] On October 14, 2016, the Defendant was issued a summary order of KRW 1.5 million for a violation of the Road Traffic Act at the Daegu District Court, and on January 11, 2018, the Defendant was sentenced to a suspended sentence for six months for a violation of the Road Traffic Act.

【Criminal Facts】

On February 14, 2020, at around 22:55, the Defendant driven a DNA car under the influence of alcohol leveling 0.104% of alcohol level from approximately 40 meters from the outer alleyway of the factory C, Daegu Northern-gu, to the front alleyway in the vicinity of the above factory.

Accordingly, the defendant violated the prohibition of drinking driving more than twice.

Summary of Evidence

1. Statement by the defendant in court;

1. A previous offense as stated in the report on the occurrence of a traffic accident, a photograph of the scene of the accident, a driver at the site of the accident, a report on investigation, a report on the investigation, a notification on the results of the control of drinking driving, a report on the actual situation of the drinking driving, and a report on actual investigation into the facts of the control of drinking driving: Application of criminal records, criminal 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. Reasons for sentencing under Article 62-2 of the Criminal Act - Time for committing an offense;

Although there was a conflict between the rear driver of the vehicle in parking which is being parked for parking, there was no physical damage.

- The Defendant has been punished for a crime related to drinking four times, and the probation period due to a violation of the previous Road Traffic Act (Refusal of measurement) has not yet passed since January 18, 2020, committed the instant crime.

In addition to the above circumstances, the defendant's age, character and conduct, occupation, family relationship, environment, motive and means of the crime of this case, the circumstances after the crime of this case, and various sentencing conditions as shown in the arguments of this case are considered as the order.