However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

[criminal power] On September 7, 2016, the Defendant was sentenced to a fine of two million won for a violation of the Road Traffic Act (driving) at the port branch of the Daegu District Court on September 7, 2016. On November 4, 2015, the Defendant was issued a summary order of KRW 1050,000 as a fine for the same crime.

【Criminal Facts】

On August 24, 2019, at around 04:15, the Defendant driven a F rocketing car under the influence of alcohol concentration of about 0.076% from the 5km section from the front of C in Gumi-si B to the front of E in Gumi-si, Gumi-si.

Therefore, although the defendant had a record of punishment for drunk driving, he again driven a car while under influence of alcohol.

Summary of Evidence

1. Defendant's legal statement;

1. On-site photographs of each traffic accident, the actual survey report on the traffic accident, and the results of the drinking driving control;

1. Previous convictions in judgment: Application of criminal records, reply reports, investigation reports, and 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. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act for orders to attend lectures and orders to provide community service;

1. Scope of applicable sentences under law: Two to five years of imprisonment;

2. Application of the sentencing criteria: Not set;

3. In view of the fact that the defendant who has been sentenced to punishment has repeatedly committed a crime in the same kind of crime even though he/she had the record of punishment several times, the punishment for such crime is not less complicated.

It does not seem that there was an imminent circumstance that the defendant should have driven.

In order to conceal it immediately after the crime, the defendant requested the offender to make a statement as if he was driven by an agent for his own motor vehicle, and that the person made a false statement as if he was driven by the victim of the traffic accident or the police investigation.

However, the fact that the defendant acknowledges all crimes from the middle of investigation and reflects them, and the defendant is punished by a fine.