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 January 28, 2010, the Defendant issued, at the Daegu District Court, a summary order of KRW 1.5 million for a crime of violation of the Road Traffic Act; on December 19, 201, the same court issued a summary order of KRW 1 million for the same crime; on November 30, 2012, the Defendant was sentenced to a fine of KRW 7 million for the same crime at the same court on September 12, 201, respectively.

On July 31, 2019, at around 02:10, the Defendant driven a B Ecoo motor vehicle from the front side of the convenience store where the trade name in the Bcoo-dong in Busan Metropolitan City cannot be known, to the safe school located in the 700-ro of Daegu Dong-gu Gyeongdong-gu, in a state of alcohol of 0.09% of blood alcohol concentration.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. A statement on criminal records, etc.;

1. Application of Acts and subordinate statutes to investigation reports (Attachment to judgments of the same kind of crime);

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 proviso to 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;