A defendant shall be punished by imprisonment for one year.

except that 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 July 12, 2019, the Defendant was notified of a summary order of KRW 2 million for the crime of violating the Road Traffic Act at the Daegu District Court.

【Criminal Facts】

On September 2, 2019, at around 10:15, the Defendant driven a CM6 car under the influence of alcohol level of about 0.137% on the road of about 10 meters in front of Seo-gu Daegu, Seo-gu, Daegu, and violated Article 44(1) of the Road Traffic Act at least twice.

Summary of Evidence

1. Defendant's legal statement;

1. Investigation report (report on the circumstances of an immigration driver);

1. The actual condition survey report;

1. Notification of the control results of drinking driving, and report on the situation of drinking drivers;

1. An accident scene photograph;

1. Criminal records as indicated in the judgment: The results of inquiry and the application of the investigation report-related Acts and subordinate statutes;

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. On May 23, 2019, the Defendant, on the grounds of sentencing under Article 62(1) of the Criminal Act, committed identical crimes at the time when the Defendant was punished by a fine due to a drunk driving on May 23, 2019.

At the time of driving under the influence of alcohol in this case, the blood alcohol concentration of the defendant is very high to 0.137%, and it causes a traffic accident involving another person's vehicle parked later than the latter.

In light of these points, it is necessary to strictly punish the defendant.

However, the fact that the defendant is expected not to repeat a crime after recognizing the fact of crime is considered as favorable to the defendant, and the defendant's age, character and behavior, environment, family relationship, home environment, circumstances after the crime, and various sentencing conditions specified in the records and arguments of this case shall be determined as ordered by taking into account the following factors.