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 July 12, 2012, the Defendant was sentenced to a summary order of KRW 5 million due to a violation of the Road Traffic Act (driving) at the Daegu District Court on July 12, 2012, and a summary order of KRW 7 million due to a violation of the Road Traffic Act (driving) at the Daegu District Court on April 18, 2014.

Although the Defendant had any history of violating the provision prohibiting a drunk driving under the Road Traffic Act, on June 30, 2019, at around 02:25, the Defendant driven a DNA halog car under the influence of alcohol level of about 0.203% in the section of about 3km from the front of the road located in Daegu Northern-gu B to the front of the entrance.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report;

1. The circumstantial statement of the employee;

1. Investigation report (report on the circumstances of an immigration driver);

1. A statement on criminal records, etc.;

1. Investigation report (verification of the same kind of suspect's power), application of Acts and subordinate statutes of Part VI of summary order;

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 main sentence of 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 fact that there are six occasions the history of punishment for the violation of the Road Traffic Act (driving) - the recognition and reflect of the crime, and the re-driving will not be conducted.