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

However, the above sentence shall be executed for a period of two years from the date this judgment becomes final and conclusive.

Punishment of the crime

The Defendant was sentenced to a summary order of KRW 4 million at the Daegu District Court on April 13, 2009 due to a violation of the Road Traffic Act (drinking driving), etc. on January 25, 2012, a summary order of KRW 1.5 million due to a violation of the Road Traffic Act (drinking driving), a summary order of KRW 5 million on November 20, 2014, and a summary order of KRW 5 million due to the same crime on November 20, 2014, and the Defendant was sentenced to a suspended sentence of KRW 6 months on November 10, 2016.

On September 25, 2020, the Defendant driven a Fenz car under the influence of alcohol level of about 5 meters from the front of the “C” located in Daegu Suwon-gu B to the front of the “E” located in D, at approximately 0.154% of alcohol level during blood.

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

Summary of Evidence

1. Statement by the police concerning the defendant's statutory statement G;

1. A report on the circumstances of a driver in charge of drinking, or a photograph of a CCTV image to be taken as a result of regulating drinking driving;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report on investigation by the prosecution (Attachment to the judgment of the same criminal suspect, etc.);

1. Relevant Article of the Act and Articles 148-2 (1) and 44 (1) of the Road Traffic Act concerning the facts constituting an offense;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Although the record of punishment for driving alcohol for the reason of sentencing under Article 62-2 of the Criminal Act is five times (including one time of suspended sentence), in full view of the fact that the current Road Traffic Act, which greatly strengthened the control standards and statutory punishment, causes traffic accidents again while driving alcohol after the enforcement of the Road Traffic Act, and the degree of alcohol concentration in blood, exceeds the license revocation standards, and the risk of recidivism is likely to occur, a serious warning is required to choose imprisonment with prison labor: Provided, That the driving distance is limited to five meters, counseling with a mental health department, and counseling with depth.