A defendant shall be punished by imprisonment for one year.

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 November 9, 2010, the Defendant was sentenced to a suspended sentence of ten months for the crimes of violation of the Road Traffic Act at the Daegu District Court, which was sentenced to a suspended sentence of two or more times for the crimes of violation of the Road Traffic Act, and on January 6, 2017, the Daegu District Court received a summary order of 1.5 million won for the crimes of violation of the Road Traffic Act from the Daegu District Court on more than two occasions.

On May 4, 2019, the Defendant, as seen above, driven an E G80 vehicle while under the influence of alcohol leveling to about 0.090% of alcohol level from approximately 200 meters from the front of a restaurant near the Seo-gu Incheon Metropolitan City B market to the front road in the Daegu Northern-gu C, Seoul, even though there was a history of violating the prohibition of drinking driving under the Road Traffic Act two or more times.

Summary of Evidence

1. Defendant's legal statement;

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. Application of Acts and subordinate statutes to report on investigation (verification of suspect's same records);

1. Relevant Article of the Act on Criminal Facts and Articles 148-2 (1) 1 and 44 (1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018);

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 history of punishment for the violation of the Road Traffic Act (driving) is four times, - the recognition and reflect of the crime, and the absence of driving under the influence of alcohol again;