A defendant shall be punished by imprisonment for a term of one year and two months.

except that 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 June 2, 2017, the Defendant violated the prohibition of drinking driving by issuing a summary order of KRW 1,50,000,000, for the crime of violation of the Road Traffic Act in the Western Branch of the Daegu District Court.

On November 9, 2019, at around 03:15, the Defendant driven Bone Star Motor Vehicle with approximately 700 meters of blood alcohol concentration at the section of about 0.194% from the front day of the death voltage in the Daegu Seo-gu, Daegu, to the front day of the same day at around 03:20 on the same day.

Therefore, although the defendant was punished as a drunk driving, he again driven a motor vehicle under the influence of alcohol.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statement of a drinking driver, report on the results of crackdown on drinking driving, inquiry of the results of crackdown on drinking driving, and report processing of 112 incidents;

1. Criminal records, investigation reports (examination of current records), and summary orders;

1. Application of Acts and subordinate statutes to photographs showing drinking control;

1. Relevant Articles 148-2 (1) and 44 (1) of the Road Traffic Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. The reason for sentencing under Article 62(1) of the Criminal Act (i.e., confessions and reflects by the defendant) is that the defendant repeats drinking and the fact that the drinking water in this case is high is disadvantageous to the defendant.

However, the sentencing conditions specified in the records of this case, such as the defendant's age, character and conduct, environment, and circumstances after the crime, shall be determined as ordered by considering the following facts: