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 May 30, 2012, the Defendant was sentenced to a fine of KRW 4 million for a crime of violation of the Road Traffic Act at the Daegu District Court on December 22, 2003, and was sentenced to a fine of KRW 2 million for a crime of violation of the Road Traffic Act at the Daegu District Court on October 27, 2004, a fine of KRW 4 million for a crime of violation of the Road Traffic Act at the Daegu District Court on October 27, 2004, and a summary order of KRW 4 million for a crime of violation of the Road Traffic Act at the Seogu District Court on April 17, 2008.

On October 6, 2019, at around 16:32, the Defendant driven a F B-flobing truck with an alcohol level of about 0.137% under the influence of alcohol level at approximately 300 meters from the Do in the south-gu, Daegu to the E-distance D located in D.

Accordingly, the Defendant violated the prohibition of driving under the influence of alcohol not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the control of drinking driving, and report on the state of drinking drivers;

1. Previous records of judgment: Application of criminal history records, prosecutorial investigation reports (report on confirmation of the same kind of force) and statutes;

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. In full view of the fact that the punishment power of drinking driving for the reason of sentencing under Article 62-2 of the Criminal Act of probation and order to attend a lecture four times or more, the traffic regulation standard and statutory punishment have been significantly strengthened after the enforcement of the current Road Traffic Act, and the fact that the blood alcohol level exceeds the revocation standard, the blood alcohol level exceeds the certification standard, and the fact that it seems that driving is likely to lead to a reduction of the license, etc., the punishment of imprisonment should be chosen because it is necessary to seriously warn the risk of re-offending, because it is unlikely that the punishment is not less than imprisonment without prison labor or more severe punishment, and the defendant's age and family environment are considered.