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 became final and conclusive.

Punishment of the crime

On May 15, 2009, the Defendant was issued a summary order of KRW 6 million by the same court as a fine for the same crime on August 2, 2010, in the case of a violation of the Road Traffic Act (driving) at the port branch of the Daegu District Court on May 15, 2009, in the same court on August 2, 2010, and on July 15, 2013, respectively.

Criminal facts

around 04:00 on April 19, 2020, the Defendant driven DK7 car under the influence of alcohol concentration 0.137% while under the influence of alcohol level 0.137%.

As a result, the defendant violated the prohibition of drunk driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statements of a drinking driver and the results of the control of drinking driving;

1. Previouss before ruling: Application of criminal records, repeated statements and investigation reports (reports accompanying summary orders)-related Acts and subordinate statutes;

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. Article 62 (1) of the Criminal Act on the stay of execution (Article 62 (1) of the Criminal Act on the grounds that the defendant acknowledges his/her mistake and does not repeat the crime in reflect his/her mistake