A defendant shall be punished by imprisonment for not less than one year and six months.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Punishment of the crime

On January 21, 2014, the Defendant issued, at the Daegu District Court, a summary order of KRW 4 million due to a violation of the Road Traffic Act (driving) and other charges; on March 17, 2015, the same court issued a summary order of KRW 3 million as a fine for the same crime; on November 3, 2015, the Defendant was sentenced to two years of suspension of imprisonment with prison labor for the same crime in the same court; on November 11, 2015, the said judgment became final and conclusive on November 11, 2015.

On September 11, 2019, at around 01:40, the Defendant driven a DNA food car with a blood alcohol content of about 0.059% from the 10km section of approximately 10km to the road in front of the Han River-ro 8-13, Daegu Northern-gu, Daegu-gu, Do, to the Han River-ro 4-13, Han River-ro, Daegu-gu, Daegu-gu.

Accordingly, the defendant has driven a motor vehicle under the influence of alcohol not less than twice in violation of the prohibition of drunk driving.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. Report on the situation of running a motor vehicle under the influence of alcohol;

1. A statement on criminal records, etc.;

1. Application of the Act and subordinate statutes of the Daegu District Court (Act No. 1354, Apr. 2, 2015) to investigation reports (verification of suspect's history of drinking driving), Daegu District Court Decision 2013 High Court Decision 2013 High Court Decision 19102, Daegu District Court Decision 2015 High Court Decision 2015 High Court Decision 20

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 sentence identical to the order shall be determined by comprehensively taking into account the following circumstances in the grounds for sentencing under Article 62-2(1) and the proviso to Article 62-2(2) of the Criminal Act and other conditions of sentencing as shown in the records, such as the defendant's age, occupation, character and conduct, family relationship,

- The recognition of the crime and its reflect on three occasions, which have been punished for the violation of the Road Traffic Act (driving)