A defendant shall be punished by imprisonment for two years.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Punishment of the crime

[criminal power] On June 5, 2008, the Defendant was sentenced to a summary order of KRW 1.5 million for a violation of the Road Traffic Act, a fine of KRW 2 million for a violation of the Road Traffic Act at the Daegu District Court on January 9, 2012, and a summary order of KRW 2 million for a violation of the Road Traffic Act was issued by the Daegu District Court on February 14, 2012. On August 22, 2012, the Defendant was sentenced to a suspended sentence of 4 months for a violation of the Road Traffic Act (driving) at the Daegu District Court on August 22, 2013.

【Criminal Facts】

Although the Defendant had been able to violate the provision prohibiting driving under the Road Traffic Act more than once, at around 20:40 on September 6, 2019, the Defendant driven DHJ125T-19A Oral Seab while under the influence of alcohol at approximately 0.01% of alcohol level from the front side of the Glurg-gun, Glurg-gun, Gyeongbuk-do, to the front side of the Glurg-do, GHJJ-125T-19A.

Summary of Evidence

1. Defendant's legal statement;

1. E statements;

1. The actual condition survey report;

1. The circumstantial statement of the employee;

1. Making a report on the control of drinking driving;

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

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. Article 62 (1) of the Criminal Act;

1. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act: The court shall determine the punishment as ordered in consideration of various circumstances shown in the arguments of this case, such as the defendant's age, character and behavior, environment, family relationship, motive and consequence of the crime, circumstance after the crime, etc.