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 23, 2002, the Defendant issued a summary order of KRW 1 million to a fine for a violation of the Road Traffic Act, and a summary order of KRW 2 million to a fine in the same court on July 25, 2014.

On November 23, 2019, at around 22:15, the Defendant driven a Category C cargo vehicle with a blood alcohol concentration of about 0.075% while under the influence of alcohol from around 3km section of about 3km to the Daegu Dong-dong, Daegu-dong, Dong-dong, 340-1 safe school.

Accordingly, the Defendant violated the prohibition of driving under the influence of alcohol not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. Investigation report (report on the circumstances of an immigration driver);

1. A statement on criminal records, etc.;

1. Application of Acts and subordinate statutes to report an investigation (report on confirmation of past record of punishment for the same crime);

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. The sentencing conditions of the defendant's age, occupation, character and conduct, family relationship, circumstances before and after the crime, etc., under Article 62-2 (1) of the Criminal Act, shall be determined by comprehensively taking into account the following circumstances:

- The fact that there are two occasions the history of punishment for the violation of the Road Traffic Act (driving) - the recognition and reflect of the crime, and the further refusal to drive under the influence of alcohol;