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 February 20, 2012, the Defendant issued a summary order of KRW 3 million as a crime of violation of the Road Traffic Act at the Daegu District Court and KRW 2.5 million as a fine in the same court on June 19, 2015, respectively.

【Criminal Facts】

On 21:01:47, around 2020, the Defendant driven a gallon II while under the influence of alcohol leveling 0.09% from around 2 km to around 3:00,000, while under the influence of alcohol leveling 0.09% from around 2km.

Accordingly, the Defendant driven a motor vehicle under the influence of alcohol not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statement of a drinking driver, and inquiry into the results of crackdown on drinking driving;

1. Previous record of judgment: Investigation report (Attachment of records of drinking driving after June 1, 2006), copy of summary order, and the results of inquiry, and application of Acts and subordinate statutes;

1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1) and 44 (1) of the Road Traffic Act which choose the penalty;

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 extenuating circumstances among the reasons for sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act on probation and order to attend lectures;

1. The sentencing criteria are not set for the crimes of this case to which the sentencing criteria are applied.

2. Determination of sentence: (a) comprehensively taking into account the following circumstances and the Defendant’s age, occupation, character and conduct, environment, motive, means and consequence of the commission of the commission, circumstances after the commission of the commission of the commission, etc.; and (b) the conditions of various sentencing as shown in the argument of the instant case:

The defendant, even though he had a record of punishment for drunk driving, was driving under the influence of alcohol again after the enforcement of the current Road Traffic Act, which greatly strengthened the control standards and statutory penalty.

The defendant's blood alcohol concentration level is 0.099% higher than the revocation standard.

A favorable circumstances: The defendant is against the will to recognize the crime of this case.