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 April 21, 2014, the Defendant received a summary order of KRW 5 million as a crime of violation of the Road Traffic Act (driving) from the Western Branch of the Daegu District Court on April 21, 2014; on April 24, 2012, the Defendant received a summary order of KRW 4 million as a crime of violation of the Road Traffic Act (driving) from the Western Branch of the Daegu District Court on April 24, 201; and on February 1, 2011, the Defendant received a summary order of KRW 3 million as a penalty of violation of the Road Traffic Act (driving) from the Seo branch of the Daegu District Court on February 1, 2011.

【Criminal Facts】

On March 13, 2020, at around 01:25, the Defendant driven a FM7 car at a section of about 300 meters from the roads in Daegu Seo-gu B to E in the same Gu, while under the influence of alcohol of 0.279% of blood alcohol level.

Accordingly, the defendant violated the Road Traffic Act prohibition provisions at least twice.

Summary of Evidence

1. Defendant's legal statement;

1. Report on detection of violation of the Road Traffic Act (driving) and report on each investigation (Evidence Nos. 11, 22);

1. A written appraisal of blood alcohol;

1. The circumstantial statement of a drinking driver, consent to and confirmation of blood collection, notification of the results of the control of drinking driving, and the report on driving of a drinking driver (blood collection results);

1. Criminal records as indicated in the judgment: Criminal history records, reply reports (A), investigation reports (verification of the same type of force), and application of Acts and subordinate statutes of Part III of the 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. Article 62 (1) of the Criminal Act;

1. The reason for sentencing of Article 62-2 of the Criminal Act on orders to provide community service and attend lectures has served three times of criminal punishment due to drinking run in the past, but further repeated the same crime.

At the time of the instant case, the Defendant’s blood alcohol concentration is very high to 0.279%.

In light of these points, it is necessary to strictly punish the defendant.

However, the defendant shows an attitude that the defendant recognizes the fact of crime, and it is different from the previous criminal records.