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 27, 2014, the Defendant was issued a summary order of KRW 1,50,000,000 as a crime of violation of the Road Traffic Act in the Daegu District Court’s Ansan Branch.

【Criminal Facts】

On December 13, 2019, the Defendant driven a fluent car with a 0.202% alcohol concentration from the 1k section from the front road located in C at permanent residence (01:10 on December 13, 2019 to the front road located in D at the same time.

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

Summary of Evidence

1. Defendant's legal statement;

1. The offender's place, report on the occurrence of a traffic accident, investigation report (report on the circumstances of a drinking driver), notification of the results of crackdown on drinking driving, the actual situation investigation report, and the site photograph of the accident;

1. Previous convictions indicated in judgment: The application of criminal records and investigation reports (prior convictions of suspects) and 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. 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 under Article 62-2 of the Criminal Code of the Order of Education and the Order of Community Service was that the defendant had been punished twice in total for the same kind of crime, but again committed the crime of drinking alcohol driving in this case. The nature of the crime is not good.

However, in light of the circumstances favorable to the defendant, such as the defendant's occupation, age, character and conduct, environment, motive, background, means and consequence of the crime, and circumstances after the crime, the punishment as ordered shall be determined in accordance with the order.