A defendant shall be punished by imprisonment for not less than eight months.

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 1, 2008, the Defendant received a summary order of a fine of one million won on May 1, 2008, and a summary order of two million won on June 28, 2010, respectively, from the Daegu District Court.

On June 15, 2019, at around 01:10, the Defendant driven a Bknife car under the influence of alcohol with approximately 0.094% of blood alcohol concentration at the section of about 200 meters from the front of a mutually influent restaurant in Jung-gu, Daegu to the lower part of the water bridge 1 in the Daegu Lane-dong 1.

Accordingly, the defendant, who violated the prohibition of drinking driving more than twice, was driving a motor vehicle under the influence of alcohol again.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the suspect examination of the accused;

1. Report on the statement of the state of drinking drivers, and inquiry into the results of 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 (the same type of suspect 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; Act No. 16037, Jun. 25, 2019);

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

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

1. The reasons for sentencing under Article 62-2 of the Criminal Act include three times the criminal defendant's records of the same kind, such as drinking and driving, and the blood alcohol concentration level exceeds the criteria for revocation of a license, and thus, the risk of repeating a crime is likely to require strict warning and thus the execution of a sentence is suspended by taking account of the fact that there is no punishment of imprisonment without prison labor or heavier for the same crime, such as drinking and driving, and the defendant's age and occupation, etc., and the execution of a sentence is expected to assist the strict management and supervision of the probation officer and the education of safe driving to prevent recidivism. It is so decided as per Disposition for the above reasons;