A defendant shall be punished by imprisonment with prison labor for not more than ten months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

On July 2, 2009, the Defendant received a summary order of KRW 1.5 million from the Daegu District Court on July 2, 2009, and a summary order of KRW 3 million from October 18, 201.

On June 8, 2019, at around 01:08, the Defendant driven B rocketing car under the influence of alcohol concentration of about 800 meters from the Do in front of a mutually influent restaurant near the 2460 Daegu Suwon-gu Police Station, Daegu-gu, Daegu-gu, 313, to the pandebal zone, to the road front of the 2460 Daegu Water Station, while under the influence of alcohol concentration of about 0.242%.

As a result, the defendant has been driving a motor vehicle under the influence of alcohol again even though he has violated the prohibition of drunk driving more than twice.

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. Previous records of judgment: Criminal records, inquiry reports by prosecution, and application of Acts and subordinate statutes to criminal records, investigation reports by prosecution (two cases of summary orders on criminal records of sound driving);

1. Relevant Article of the Act on Criminal Facts and Articles 148-2 (1) 1 and 44 (1) of the former Road Traffic Act (amended by Act No. 16037, Dec. 24, 2018; Act No. 16037, Jun. 25, 2019);

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. The fact that the social interest in eradicating harmful effects of drinking driving on the reason of sentencing under Article 62-2 of the Criminal Act is concentrated, considering the fact that the defendant, who had the record of punishment for drinking driving two times, once again re-drivings without being aware of it, the blood alcohol concentration level exceeds the revocation standard, and the blood alcohol concentration level exceeds the revocation standard at the time the previous two times was discovered, and the risk of recidivism is likely to occur, it is necessary to choose imprisonment with prison labor by requiring a strict warning, the fact that there is no history of punishment of imprisonment without prison labor or heavier, the fact that there is no record of punishment, the fact that the blood alcohol concentration level exceeds the revocation standard, and the fact that the blood alcohol concentration level exceeds the revocation standard at the time the previous two times was discovered.