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

In the Daegu District Court on July 17, 2008, the Defendant has been notified of a summary order of a fine of three million won for a violation of the Road Traffic Act (driving) on July 17, 2008, a fine of three million won for the same crime on November 13, 2009, and a fine of five million won for the same crime on December 31, 2012.

On 19. 00:09 on 19. 00. 19. 2020, the Defendant driven a car in the state of alcohol with a blood alcohol concentration of about 0.076% at the 16km section from around 170 meters to the university from around 00:09.

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

Summary of Evidence

1. Defendant's legal statement;

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

1. 112 reported case handling table;

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. In full view of the fact that the reason for sentencing under Article 62-2 of the Criminal Act on probation and order to attend a lecture has four times the history of driving under the influence of alcohol, the execution of a sentence shall be suspended by taking into account the fact that the control standards and statutory punishment have been significantly strengthened after the implementation of the current Road Traffic Act, and that it seems that the driving under the influence of alcohol would be reduced by leaving the highest enforcement of the Road Traffic Act, and that the responsibility for the crime is likely to lead to a serious risk of re-offending, and that the serious warning is necessary: Provided, That the execution of a sentence shall be deferred by taking into account the fact that the blood alcohol concentration level falls short of the criteria for revocation of license, the fact that there was no history of punishment heavier than imprisonment without prison labor, the defendant's age and occupation, etc., and the systematic supervision and supervision of the probation officer of the ship to prevent re-offending and the safety and defense education of the police officer.