A defendant shall be punished by imprisonment for two years.

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

Punishment of the crime

On October 28, 2013, the Defendant received a summary order of KRW 1.5 million from the Daegu District Court as a crime of violating the Road Traffic Act.

On June 27, 2019, at around 20:05, the Defendant driven an E Costaex van under the influence of alcohol concentration of about 0.058% from the Do near Daegu Suwon-gu B to the front road of D apartment at approximately 1km.

Accordingly, the Defendant violated the prohibition of driving a motor vehicle under the influence of alcohol not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Making a report on the control of drinking driving;

1. Previous records of judgment: Criminal records, replys to criminal records, application of Acts and subordinate statutes to the prosecution investigation report (verification of the same kind of force);

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. For the reason of sentencing under Article 62-2 of the Probation Criminal Act, since the defendant has a large number of records of punishment for drunk driving (including two times a suspended sentence and one time a suspended sentence), the execution of punishment shall be postponed in consideration of the fact that the defendant's age and occupation, etc. is well-founded, and that the current Road Traffic Act, which greatly strengthened the control standards and statutory punishment, re-influences the risk of re-offending due to bad character and behavior, is very rough and concerns over the risk of re-offending: Provided, That the degree of blood alcohol concentration falls short of the criteria for revocation of the license; the defendant supports his/her offspring who suffers from severe mental illness and a female living together with poor health condition; if the defendant is detained, it is difficult for his/her family members to cope with it; if the defendant is detained, the execution of the punishment shall be suspended, taking into account the defendant's age and occupation, and the defendant's strict management and supervision of the probation officer to prevent recidivism will be helpful.