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

[Power of crime] On December 21, 2012, the Defendant was issued a summary order of KRW 3 million as a crime of violating the Road Traffic Act (dacting driving) at the port branch of the Daegu District Court.

[Criminal facts] The Defendant is a driver for passenger B k9.

On September 6, 2020, the Defendant driven the above vehicle while under the influence of alcohol with approximately 0.146% alcohol concentration from around 1km section from around 01:5 on the road near C at the same time to the same time D neighboring road.

Accordingly, the Defendant violated Article 44(1) of the Road Traffic Act at least twice.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver who is placed in driving, investigation report, notification of the results of crackdown on the driving of drinking, and inquiry into the results of crackdown on the driving of drinking;

1. Previous convictions in judgment: Application of a written reply to inquiry, such as criminal history, (A);

1. Considering the fact that the relevant Article of the Act and Articles 148-2 (1), 44 (1) (the point of drinking and the selection of imprisonment), and the high level of alcohol concentration in blood, etc. concerning criminal facts;

1. Article 53 and Article 55 (1) 3 of the Criminal Act to reduce the amount of loss (including the fact that there is a misunderstanding of any error, and the fact that the driving of the drinking of this case does not cause any traffic accident due to the driving of the drinking of this case);

1. Article 62(1) of the Criminal Act on the suspended execution (in addition to the grounds for mitigation of the above amount, considering that the defendant has only been punished by a fine on two occasions, except for the punishment imposed by the records in the judgment);

1. It is decided as per the Disposition on the grounds of Article 62-2 or more of the Criminal Act;