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

[Criminal Power] On January 29, 2018, the Defendant received a summary order of KRW 4 million as a crime of violating the Road Traffic Act (driving) from the Seoggu District Court Branch on January 29, 2018.

【Criminal Facts】

피고인은 2020. 1. 23. 23:25경 대구 달서구 B에 있는 ‘C’ 식당 앞길에서부터 같은 구 D에 있는 E 앞길에 이르기까지 약 1.3km의 구간에서 혈중알코올농도 0.153%의 술에 취한 상태로 F 팰리세이드 승용차를 운전하였다.

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

Summary of Evidence

1. Defendant's legal statement;

1. Investigation report (report on the circumstances of an immigration driver);

1. The actual condition survey report;

1. Report on the results of the control of drinking driving, and report on the state of drinking drivers;

1. Photographs;

1. Criminal records as stated in the judgment: The results of inquiry, investigation reports (recognating four times the same kind of power), summary order (Evidence Records No. 70 pages) and the application of 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;

1. The reason for sentencing of Article 62-2 of the Criminal Act on orders to provide community service and attend lectures was that the Defendant had a history of criminal punishment at least four times due to drunk driving in the past, but repeated the same crime

At the time of the instant case, the Defendant’s blood alcohol concentration is very high to 0.153%, and the Defendant caused a traffic accident leading to a vehicle in the front signal while driving under influence.

In addition to the above criminal records, the defendant has been punished for traffic-related crimes such as unauthorized Driving, etc. four times more.

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

However, since 2009, the fact that the defendant had no record of punishment in addition to the criminal records as stated in the judgment after drinking driving is recognized as a crime, the defendant's age is considered as favorable to the defendant, and the defendant's age.