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 June 24, 2009, the Defendant issued a summary order of KRW 1,50,000 as a fine for a violation of the Road Traffic Act (driving) at the Seo-gu District Court Branch of the Daegu District Court. On July 9, 2010, the Defendant issued a summary order of KRW 3 million as a fine for a violation of the Road Traffic Act (driving without a license) or a violation of the Road Traffic Act (driving without a license) at the Daegu District Court’s Branch of the Daegu District Court. On June 22, 2011, the Defendant was sentenced to imprisonment for 6 months and 2 years under a suspended sentence.

【Criminal Facts】

On April 7, 2020, at around 22:55, the Defendant driven Cbeer or car while under the influence of alcohol with approximately 0.064% alcohol level from the 1km section to the front road of the same Eup.

Summary of Evidence

1. Defendant's legal statement;

1. Reporting on detection of any offender of a violation of the Road Traffic Act, inquiry into the results of the regulation of drinking driving, and reporting on the situation of drinking driving;

1. Previous convictions in judgment: Criminal records, investigation status (verification of previous convictions), summary orders, application of statutes governing judgment;

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

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 Probation Criminal Act is that the defendant, even though he/she had a record of punishment several times due to drinking driving, is disadvantageous to him/her.

However, the punishment as ordered shall be determined in consideration of all the sentencing conditions shown in the arguments of this case, such as the defendant's confession, mistake, the fact that there was no record of punishment since 2012, and the defendant's age, character and conduct, environment, family relationship, means and result of the crime, and circumstances after the crime.