Defendant shall be punished by imprisonment for a term of one year and two months.

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

On January 7, 2008, the Defendant was issued a summary order of KRW 500,000 as a fine for a violation of the Road Traffic Act in the sex support by the Daegu District Court.

On July 24, 2020, the Defendant driven an Eflion-free car with approximately 15 meters alcohol concentration 0.235% under the influence of alcohol in the section from the front of C in Yongcheon-si B to the front of D.

Accordingly, the defendant violated the prohibition of drinking driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the actual condition, report on the circumstantial statement of a drinking driver, and report on the control of drinking driving;

1. On-site photographs;

1. Application of Acts and subordinate statutes to criminal records, etc. inquiry reports and investigation reports (formers and verifications);

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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. The reasons for sentencing under Article 62-2 of the Criminal Act, including probation and order to attend the course of the trial of this case, shall be determined as the same as the order, taking into account the following factors: (a) the defendant’s error in the grounds for sentencing under Article 62-2 of the Criminal Act does not be mitigated; (b) traffic accidents have occurred; (c) disadvantageous circumstances, such as the occurrence of traffic accidents; (d) the defendant’s main taking-off is against the defendant; and