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

On May 28, 2010, the Defendant was punished three times by a summary order of KRW 1 million by a fine for a violation of the Road Traffic Act at the Daegu District Court on May 28, 201, by the same court on November 6, 2012, by a fine of KRW 1.5 million by the same crime, and by a summary order of KRW 5 million by the same court on November 21, 2014.

Although the Defendant had been able to violate the provision prohibiting drunk driving under the Road Traffic Act more than twice, on April 17, 2019, at around 01:45, the Defendant driven the EMW car under the influence of alcohol content of about 0.132% from the 200-meter section from the road located in the Daegu-gu Suwondong-gu Direl road to the Doirel road.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. Investigation report (report on the circumstances of an immigration driver);

1. A statement on criminal records, etc.;

1. Application of Acts and subordinate statutes to report on investigation (verification of suspect's same records);

1. Relevant Article of the Act on Criminal Facts and Articles 148-2 (1) 1 and 44 (1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018);

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

1. The sentencing conditions of the defendant's age, occupation, character and conduct, family relationship, circumstances before and after the crime, etc., under Article 62-2 (1) of the Criminal Act, shall be determined by comprehensively taking into account the following circumstances:

- - The fact that there are three times the history of punishment for the violation of the Road Traffic Act (driving), - the recognition and reflect of the crime, and the re-driving will not be conducted.