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 September 26, 2006, the Defendant was issued a summary order of 1.5 million won or more as a fine for a violation of the Road Traffic Act in the Daegu District Court Kimcheon Branch.

On July 21, 2019, around 19:50 on July 21, 2019, the Defendant driven DK5 car under the influence of alcohol with approximately 30km alcohol concentration of about 0.157% from the 30km section to the front road in Jin-gu, Jin-si, Jin-si, Kim Jong-si.

Accordingly, the defendant violated the prohibition of drinking driving more than twice.

Summary of Evidence

Examination of Police Suspect against Defendant

1. Report on the circumstantial statements of a drinking driver, and inquiry into the results of the control of drinking driving;

1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes to investigation reports (verification of the same kind of power);

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 grounds for sentencing under Article 62-2 of the Criminal Act include: (a) the defendant's blood alcohol concentration, driving distance, the defendant's circumstances leading to driving at the time of the crime of this case; (b) the defendant's status at the time of driving; and (c) all the sentencing conditions specified in the records and arguments, including the defendant's punishment records, shall be determined as ordered.