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 March 29, 2007, the Defendant was issued a summary order of KRW 1.5 million for the crime of violating the Road Traffic Act in the Daegu District Court Kimcheon-do.

【Criminal Facts】

On February 12, 2020, at around 03:02, the Defendant driven Cpoter cargo vehicles with a blood alcohol concentration of about 0.073% from the three-meter section from the roads located in the same address to the road located in the same address.

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

Summary of Evidence

1. Defendant's legal statement;

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

1. Previous for judgment: Application of Acts and subordinate statutes of inquiry report on criminal records, etc. and investigation report ( filing of summary orders for sound driving, and request for submission of trial proceedings);

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 probation and order to attend a lecture is highly likely to criticize not only by itself but also by high risk of infringing on the life and property of others.

Although the Defendant had a previous drinking driving record, the Defendant committed the instant crime again.

However, the defendant recognizes his criminal facts.

In addition, the defendant's punishment is determined as ordered in consideration of the defendant's age, character and behavior, environment, motive, means and consequence of the crime, circumstances after the crime, etc. as shown in the argument of this case, such as drinking water, driving circumstances, driving distance, the frequency and contents of the defendant's previous previous forces (two times) and other factors.