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 22, 2017, the Defendant received a summary order of KRW 1.5 million from the Daegu District Court as a crime of violation of the Road Traffic Act.

On January 27, 2020, the Defendant driven a DNA-learning car under the influence of alcohol level of about 0.160% from approximately 200 meters to the front road of Daegu Jung-gu B from about 02:43.

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

Summary of Evidence

1. Defendant's legal statement;

1. A report on the occurrence of a traffic accident and a report on actual condition investigation;

1. Report on the statement of the state of drinking drivers, and inquiry into the results of the control of drinking driving;

1. An accident site photograph;

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 criminal records as the suspect);

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. Despite the history of sentencing under Article 62-2 of the Criminal Act on the grounds of sentencing, in full view of the fact that the traffic accident occurred after the implementation of the current Road Traffic Act, which greatly strengthened the control standards and statutory punishment, and again the implementation of the Road Traffic Act, and the degree of blood alcohol concentration exceeds the criteria for revocation of license, and the fact that it seems that the traffic accident is likely to occur due to the extreme warning, and the risk of recidivism is likely to occur, it is necessary to adopt an imprisonment with prison labor: Provided, That in light of the fact that the state of health is being furned without good condition, vehicles are disposed of to avoid recidivism; the execution of the sentence has no history of punishment heavier than that of the previous imprisonment without prison labor; the defendant's age and occupation is considered to be helpful for the prevention of safe and defensive driving.