A defendant shall be punished by imprisonment for one year.

except that 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 March 14, 2008, the Defendant was sentenced to a summary order of KRW 2 million by a fine for a violation of the Road Traffic Act at the Daegu District Court on March 14, 2008, and was sentenced to a suspended sentence of two years by imprisonment for a violation of the Road Traffic Act at the Daegu District Court on October 19, 2010.

On June 15, 2018, at around 02:05, the Defendant driven D A6 car while under the influence of alcohol 0.136% alcohol concentration at approximately 50 meters from the 50m section to the front road of the Cju station located in Daegu-gu, Seo-gu, Daegu-gu, Incheon-gu, Seoul-gu.

As a result, the defendant has been driving a motor vehicle under the influence of alcohol again even though he has violated the prohibition of drunk driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control results of drinking driving and the report on the status of drinking drivers;

1. Previous records of judgment: Application of Acts and subordinate statutes to investigation reports (verification of the same kind of force), criminal records, and inquiry reports;

1. Relevant provisions of Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning criminal facts, and the choice of imprisonment;

1. The reason for sentencing under Article 62(1) of the Criminal Act, even though the Defendant had been punished several times due to drunk driving, it is necessary to strictly punish the Defendant in light of the following: (a) the Defendant again drives the instant drinking alcohol; (b) the level of drinking alcohol is high; and (c) the risk of drinking alcohol driving.

However, in full view of all the circumstances such as driving distance, background of crimes, criminal records, prosecutor's punishment, etc., the defendant does not repeat the crime while recognizing and reflecting his/her mistake, the sentence is ordered as ordered.