A defendant shall be punished by imprisonment for one year.

except that 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 July 16, 2009, the Defendant violated the prohibition of drinking driving by being issued a summary order of a fine of KRW 1.5 million for a violation of the Road Traffic Act (driving on Drinking) at a wooden branch of the Gwangju District Court.

【Criminal Facts】

On December 28, 2019, at around 05:00, the Defendant driven B K5 cars under the influence of alcohol concentration of approximately 0.089% in the section of about 4.9km from the front of the restaurant in which it is impossible to know the trade name in the Sejong-gun, Daegu-gun, to the fourth malle road in the Seogu-gu, Daegu-gu, at around 05:07, from the day before the day of the restaurant where it is impossible to identify.

Therefore, although the defendant was punished as a drunk driving, he again driven a motor vehicle under the influence of alcohol.

Summary of Evidence

1. Defendant's legal statement;

1. A report on investigation (report on the circumstances of an immigration driver) on actual condition;

1. On-site photographs of accidents reported as a result of drinking control;

1. Criminal records as stated in the judgment: Criminal records, investigation reports (examination of the same kind of records), and application of Acts and subordinate statutes concerning summary order;

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. The reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence is that the defendant had the record of having already been punished by a fine for one time due to drunk driving, and the defendant's blood alcohol concentration at the time of the instant case is considerably higher than 0.089%, and the defendant caused a traffic accident that tows another person's vehicle in the signal signalling atmosphere at the time of driving. In light of the above, it is necessary to strictly punish the defendant.

However, it appears that the defendant has an attitude to repent by recognizing the facts of crime, and the fact that there is no record of criminal punishment other than the same criminal records once more than the same criminal records, etc. shall be taken into consideration in favor of the defendant, and the age, character, character, environment, family relationship, family environment, circumstance of crime, and crime.