Defendant shall be punished by imprisonment for a term of one year and three 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

In the Daegu District Court on June 26, 2008, the Defendant has been sentenced to a summary order of one million won or more as a fine for a violation of the Road Traffic Act on December 22, 201, a summary order of three million won or more as a fine for a violation of the Road Traffic Act on December 22, 201, and a fine of five million won or more as a fine for a violation of the Road Traffic Act on July 18, 2013, and a violation of the Road Traffic Act on July 23, 2015.

Although the Defendant had been able to violate the provision prohibiting driving of alcohol under the Road Traffic Act, the Defendant driven a EKaren car under the influence of alcohol level of about 0.043% in approximately 90 meters from the Do in front of the influent drinking house located in Daegu Dong-gu, Daegu to the front road located in Dong-gu, Daegu to the “D” located in Dong-gu C, even though he had the history of violating the provision prohibiting driving of alcohol under the Road Traffic Act.

Summary of Evidence

1. Statement by the defendant in court;

1. Detailed statement reports on drivers of drinking alcohol and inquiry of the results of crackdown on drinking alcohol driving (Evidence, fifteen pages);

1. Previous convictions in judgment: Application of inquiry letter, such as criminal history, prosecution investigation report (related previous convictions and confirmation)-related Acts and subordinate statutes;

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 Article 62-2 of the Criminal Act on the observation of protection and observation provides four times the history of punishment for driving alcohol for the reason of sentencing (including once a suspended sentence), if the control standard and statutory punishment were to be significantly strengthened after the enforcement of the current Road Traffic Act, and if the driving of drinking again after the enforcement of the Road Traffic Act, which greatly strengthened the control standard and statutory punishment, the crime liability cannot be deemed to be less and the risk of repeating the crime is likely to be dangerous, the sentence should be chosen by requiring a strict warning: Provided, That the execution of the sentence shall be suspended by taking into account the fact that alcohol concentration in blood falls short of the license cancellation criteria, the Defendant’s age and economic condition, etc., and the Defendant’s age and financial condition.