Defendant shall be punished by imprisonment for a term of one year and three months.

However, the above sentence shall be executed for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

On August 13, 2015, the Defendant received a summary order of KRW 3 million from the Daegu District Court as a crime of violation of the Road Traffic Act.

Although the Defendant had been able to violate the provision prohibiting drunk driving under the Road Traffic Act more than once, on November 29, 2019, at around 00:50, the Defendant driven a motor vehicle with a f highest level of alcohol while under the influence of alcohol at approximately 0.177% (pmark public application) in the section of about 1km from the front of the Daegu-gu B C Hospital to the front of the E-Road located D, Daegu-gu B Hospital.

Summary of Evidence

1. Defendant's legal statement;

1. Statement on the occurrence of G traffic accidents;

1. Report on the statement of the state of drinking drivers, inquiry into the results of the crackdown on drinking driving, and prosecutorial investigation report (Recalculation of blood alcohol concentration);

1. Previous records of judgment: Criminal records, replys to criminal records, application of Acts and subordinate statutes to prosecution investigation reports (power to punish sound driving);

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. Although there is a history of punishment for drinking driving for the reason of sentencing in Article 62-2 of the Criminal Act, in full view of the fact that the control standard and statutory punishment have been significantly strengthened after the implementation of the current Road Traffic Act, and that traffic accidents have been incurred while driving under drinking again after the implementation of the Road Traffic Act, and that the blood alcohol concentration level exceeds the license revocation standard, the person who is obliged to choose a sentence shall be sentenced to imprisonment in accordance with Article 62-2 of the Act. However, the execution of the sentence shall be suspended by taking into account the fact that there is no record of punishment except for the first criminal record of the head in the judgment, the fact that there is no history of punishment except for the first criminal record of the head in the judgment, the fact that the defendant's age, occupation, and economic situation, and it seems that the strict management and supervision of the probation officer is necessary to prevent recidivism and the systematic education of safety and defensive driving will be helpful