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

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

Punishment of the crime

In the Daegu District Court on October 4, 2012, the Defendant was notified of a summary order of a fine of three million won on the charge of violating the Road Traffic Act on October 4, 2012, and the Defendant was sentenced to a suspended sentence of two years on September 26, 2013.

On September 27, 2020, at around 02:53, the Defendant driven a C rocketing car at approximately 10 meters away from the 10-meter section of the Daegu Suwon-gu Road under the influence of alcohol level of 0.166%.

Summary of Evidence

1. The defendant's legal statement D, each police statement made to E, reporting on the occurrence of traffic accidents, and the actual condition investigation report;

1. Report on the statement of the situation of a drinking driver, and inquiry into the results of the crackdown on drinking driving (Evidence records 14 pages);

1. Previous records of judgment: Criminal records, reply reports to criminal records, application of Acts and subordinate statutes to prosecution investigation reports (interpellations about the same type of punishment power, etc.);

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 reason for sentencing under Article 62-2 of the Criminal Act on Probation and Order to Attend Education is 4 times or more of the punishment force for drunk driving including the accident of drinking alcohol in 2013, the current Road Traffic Act, which has greatly strengthened the control standards and statutory punishment due to the social request to eradicate the harm caused by drinking alcohol driving, has been implemented, and the degree of blood alcohol level exceeds the criteria for revocation of license, and the degree of blood alcohol level exceeds the criteria for revocation of license, and it is deemed that the driving of the drinking control is deemed to be difficult at the new wall time, and the risk of recidivism is unlikely in light of its character and behavior, so a strict sentence should be selected by requiring a severe warning: Provided, That driving distance is short, and the defendant complained that the restaurant business has suffered considerable economic difficulties due to the depression of cro or 19 with its depth, and the execution of the defendant's punishment shall be postponed by taking into account the defendant's age and family relation.