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 of the final judgment.

Punishment of the crime

[criminal power] On March 8, 2010, the Defendant was issued a summary order of KRW 1.5 million for the crime of violating the Road Traffic Act in the resident support of the Daegu District Court, and a summary order of KRW 2 million for the same crime in the same court on October 16, 2017, respectively.

【Criminal Facts】

On March 8, 2020, the Defendant, at around 01:23, driven a E-high-speed car with approximately 200 meters alcohol concentration 0.085% under the influence of alcohol in the section of about 200 meters from the front of the C cafeteria located in B at the time of permanent stay to the front of the D Domoel.

Accordingly, the defendant violated Article 44 (1) of the Road Traffic Act prohibiting driving under the influence of alcohol at least twice.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement concerning F;

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

1. A report on the occurrence of a traffic accident, a yellow survey report, and an accident site photograph;

1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes concerning criminal records and 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. 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 under Article 62-2 of the Criminal Act regarding the order to provide community service and attend lectures has the record of being punished for drinking driving twice, but the defendant also driven under drinking.

While the defendant was under the influence of alcohol, the police officer was broken the defendant due to a traffic accident while driving the vehicle.

In light of these circumstances, although the blood alcohol concentration measured by the defendant is 0.085%, it is highly probable that the status was higher than the value at the time of actual driving.

However, considering the fact that the previous criminal records of the defendant were all punished by a fine, the following factors are comprehensively considered: the defendant's age and behavior environment, motive and means of crime, and circumstances after the crime.