A defendant shall be punished by imprisonment for one year.

except that 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

[Criminal Power] On July 30, 2012, the Defendant was notified of a summary order of KRW 1,50,000,000 as a crime of violation of the Road Traffic Act (driving) at the Seo-gu District Court Branch Branch.

【Criminal Facts】

On November 18, 2019, at least 04:40, the Defendant, from the front road in Daegu Seo-gu B, to the D Apartment E-dong Underground Parking Lot in Daegu-gun, was in violation of Article 44(1) of the Road Traffic Act by driving a Fystna taxi under the influence of alcohol concentration of 0.084% at least twice.

Summary of Evidence

1. Defendant's legal statement;

1. Arrest reports, investigation reports, and investigation reports (12 reporters' statements) on the violations of the Road Traffic Act;

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

1. A detailed statement of 112 reported cases processing;

1. Criminal records as indicated in the judgment: The results of inquiry and the application of the Acts and subordinate statutes of the same kind of crime;

1. Relevant Articles 148-2 (1) and 44 (1) of the Road Traffic Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. The reason for sentencing under Article 62(1) of the Criminal Act was that the Defendant had been punished once due to drunk driving in 2012, but again repeated the same offense.

Moreover, there is a high possibility of criticism in that the defendant driving a taxi for business in the state of alcohol.

At the time of the instant drinking driving, the Defendant’s blood alcohol concentration is considerably high by 0.084%.

In light of these points, it is necessary to strictly punish the defendant.

However, the records and arguments of this case, such as the defendant's age, character and conduct, environment, family relationship, family environment, circumstance after the crime, etc., are considered as favorable circumstances for the defendant, such as the fact that the defendant is expected not to repeat the crime, and there is no record of punishment exceeding the fine, etc.