Defendant shall be punished by imprisonment for a term of one year and six months.

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Punishment of the crime

On May 30, 2008, the Defendant received a summary order of KRW 1.5 million for a fine of KRW 1.5 million for a crime of violation of the Road Traffic Act, from the Daegu District Court Kimcheon Branch on June 8, 2012, a summary order of KRW 1.5 million for a crime of violation of the Road Traffic Act, and from the Daegu District Court on March 11, 2016, a summary order of KRW 7 million for a fine of KRW 3 million for a crime of violation of the Road Traffic Act, respectively.

Although the Defendant had been able to violate the provision on the prohibition of drinking driving under the Road Traffic Act more than once, the Defendant driven the E K7 vehicle under the influence of alcohol at approximately 0.134% in the section of about 50 meters from the Do adjacent to the Daegu Dong-gu B market to the roads adjacent to the D Association located in C, on September 1, 2019.

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. Previous records of judgment: Criminal records, reply reports on criminal records, application of Acts and subordinate statutes to prosecution 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. Article 62 (1) of the Criminal Act;

1. Although there are three times the history of punishment for drinking driving for the reason of sentencing under Article 62-2 of the Criminal Act, the current Road Traffic Act, which greatly strengthened the control standards and statutory punishment, has re-exploited the drinking driving again after the enforcement of the Road Traffic Act, which has greatly strengthened the control standards and statutory punishment, and the degree of blood alcohol concentration is much higher than the cancellation standards, the crackdown seems to have been frightened, and the risk of recidivism is likely to be severe, and the punishment should be chosen by requiring a strict warning. However, the execution of the sentence shall be postponed by taking into account the fact that there is no criminal history of imprisonment without prison labor or heavier, the defendant's age and occupation, etc., and the strict supervision and supervision of the probation officer prior to the prevention of recidivism.