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 September 4, 2009, the Defendant received a summary order of KRW 2 million as a crime of violation of the Road Traffic Act from the Daegu District Court, and a summary order of KRW 3 million as a fine in the same court on November 24, 2017, respectively.

Nevertheless, at around 23:00 on July 14, 2019, the Defendant driven a C-A-burged car in the state of alcohol alcohol concentration of about 9km from around the front of the Defendant’s house located in Daegu Northern-gu B to the Seogu Gyeong-gu 79-7, Seogu, Seogu, Seo-gu, Seo-gu.

Accordingly, the Defendant driven a motor vehicle under the influence of alcohol not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Report on detection of a case of violation of the Road Traffic Act, inquiry into the results of the control of drinking and driving, and report on the circumstantial statement of a drinking driver;

1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes to criminal records and investigation reports;

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. The reason for sentencing under Article 62(1) of the Criminal Act, despite the fact that the defendant was punished twice by a fine due to drunk driving, is disadvantageous to him/her.

However, the punishment as ordered shall be determined by taking into consideration the following factors: the Defendant’s confession of the crime of this case and his mistake is divided; the Defendant’s age, character and conduct, environment, family relationship, means and result of the crime, and circumstances after the crime.