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 October 4, 2012, the Defendant was issued a summary order of KRW 3 million by the Daegu District Court for the crime of violation of the Road Traffic Act.

【Criminal Facts】

On February 13, 2020, at around 23:27, the Defendant driven a light-based car with a blood alcohol concentration of about 0.097% from the 15m section of approximately 15m to the parking lot of the building in Nam-gu, Daegu-gu B lending, Daegu-gu.

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

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statements of a drinking driver, and notification of the result of crackdown on drinking driving;

1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes to investigation reports;

1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1) and 44 (1) of the Road Traffic Act which choose the penalty;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act on probation and order to attend lectures;

1. The sentencing criteria are not set for the crimes of this case to which the sentencing criteria are applied.

2. Determination of sentence: (a) comprehensively taking into account the following circumstances and the Defendant’s age, occupation, character and conduct, environment, motive, means and consequence of the commission of the commission, circumstances after the commission of the commission of the commission, etc.; and (b) the conditions of various sentencing as shown in the argument of the instant case:

The defendant, even though he refused to take a alcohol test and had the record of punishment for drunk driving, has been significantly strengthened, again carried out a drunk driving after the enforcement of the current Road Traffic Act.

The defendant's blood alcohol concentration level is high to the criteria for revocation of license.

The favorable circumstances: The defendant is against the defendant, recognizing the crime of this case.

The defendant parks his/her vehicle after having arrived at his/her place of residence by using his/her substitute driving.