A defendant shall be punished by imprisonment for one year.

Punishment of the crime

[criminal power] On February 18, 2009, the Defendant was issued a summary order of one million won as a crime of violating the Road Traffic Act at the Daegu District Court, and on October 13, 2009, the Defendant was sentenced to a suspended sentence for six months by imprisonment for a violation of the Road Traffic Act.

【Criminal Facts】

On March 26, 2020, at around 09:00, the Defendant driven an E-motor vehicle under the influence of alcohol content of about 0.124% from the 700-meter section to the same Gu C and D, from the front of the restaurant located in the trade non-fluence in Daegu Northern-gu B.

As a result, the defendant violated the prohibition of drinking driving or drinking refusal twice or more.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the results of the control of drinking driving, report on the state of drinking drivers' state statement, and inquiry into the results of the control of drinking driving;

1. Previous records of judgment: Criminal records, repeated statements, summary orders attached to investigation reports, and application of statutes on judgment;

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. The sentencing of sentencing under Articles 53 and 55(1)3 of the Criminal Act is based on a comprehensive consideration of the following circumstances and the Defendant’s age, character and conduct, environment, motive, means and consequence of the commission of the crime, circumstances after the commission of the crime, and various conditions of sentencing as shown in the argument of the instant case.

The defendant is recognized to commit a crime in favor of him.

On October 22, 2019, the Defendant was sentenced to two years of imprisonment with prison labor for the crime of obstruction of performance of official duties, etc. at the Daegu District Court on August 22, 2019, and the above judgment was finalized on the 30th of the same month, and on December 20, 2019, the Defendant was sentenced to two years of suspension of execution for eight months of imprisonment with prison labor for the crime of injury, and the said judgment became final and conclusive on the 28th of the same month,

A person who has already been punished by a fine for drinking driving, and is sentenced to imprisonment with prison labor for a traffic offense including a refusal of drinking alcohol measurement.