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 6, 2008, the Defendant received a summary order of KRW 5 million from the Daegu District Court to a fine of KRW 5 million for a crime of violation of the Road Traffic Act, and on July 5, 2016 to a fine of KRW 2 million for a crime of violation of the Road Traffic Act.

On July 10, 2019, around 02:34, the Defendant driven a DNA-learning car at a section of about 10 meters prior to the 10-meter road in Daegu Suwon-gu, under the influence of alcohol level of 0.142%.

Accordingly, the defendant, even though he had a power to drive a motor vehicle while under the influence of alcohol, was driving a motor vehicle again under the influence of alcohol.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the statement of the state of drinking drivers, and inquiry into the results of the control of drinking driving;

1. A police investigation report (faging off a vehicle's image image, correcting the course of violation, and operating distance);

1. Previous records of judgment: Criminal records, replys to criminal records, and application of Acts and subordinate statutes to prosecution investigation reports (attached to a summary order of the same type 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. The reasoning for sentencing under Article 62(1) of the Act on the Suspension of Execution is two times, and the blood alcohol concentration level exceeds the criteria for the revocation of the license. Thus, the sentence is selected. According to reference materials and CCTV screen to which the defendant submitted by the defendant, it is revealed that the defendant's change of the defendant's statement that "a short distance is likely to obstruct the passage of large-scale construction vehicles following the following day after riding a taxi at the drinking house, and driving a short distance to correct the parking location" is satisfied. The execution of the sentence is suspended in consideration of the defendant's age and occupation, etc., and the risk of recidivism is not high in light of the circumstances of driving as seen earlier. It is so decided as per Disposition on the ground that probation is not imposed.