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 September 13, 2010, at the Daegu District Court, the Defendant was sentenced to a fine of KRW 1.5 million for the same crime as a violation of the Road Traffic Act (driving) and a fine of KRW 1.5 million for the same offense in the Changwon District Court’s Seongbuk Branch on October 13, 2010.

【Criminal Facts】

Around 14:10 on January 15, 2020, the Defendant driven a FNAS car in the state of alcohol alcohol concentration of about 0.070% from the 1km section to the front road of D EM on the roads located in C, Mayang-si, Mayang-si.

The Defendant driven a motor vehicle, etc. at least twice while under the influence of alcohol.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the results of the control of drinking driving, report on the state of drinking drivers' state statement, investigation report (report on the state of drinking drivers), and inquiry into the results of the control of drinking driving;

1. Criminal records: Criminal records, reply reports on criminal records, amounts of dispositions, reporting on results of confirmation, and application of statutes of the judgment;

1. Relevant Articles 148-2 (1) and 44 (1) of the Road Traffic Act concerning the facts constituting the crime;

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 consideration shall be made again for the reason of sentencing);

1. On the grounds of sentencing under Article 62-2 of the Criminal Act, the sentence as ordered shall be imposed in consideration of various circumstances, including the Defendant’s age, character and conduct, occupation and environment, criminal records, motive, background, method and consequence of the crime, and circumstances before and after the crime, as well as the circumstances before and after the crime.

Unfavorable circumstances: Despite the record of multiple penalties for the same crime, recidivism was made, and other criminal records are also not good.

A favorable circumstance: The defendant showed an attitude to reflect on the crime in depth, and does not repeat the crime.

It is so decided as per Disposition for the above reasons.