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 November 13, 2007, the defendant was notified of a summary order of KRW 1.5 million by the Daegu District Court for the violation of the Road Traffic Act.

On October 18, 2019, around 18:20 on October 18, 2019, the Defendant driven a b learning car under the influence of alcohol concentration of about 0.120% from the front of a restaurant near Daegu-gu, Daegu-gu to the front of the Seongbuk-gu, Busan-gu, to the front of the 10km-dong.

Accordingly, the Defendant violated the prohibition of driving under the influence of alcohol not less 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, replys to criminal records, and application of Acts and subordinate statutes to a prosecutor's investigation report (Attachment to judgment);

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 has been a history of punishment for sentencing on several occasions for sentencing under Article 62-2 of the Probation Criminal Act, the probation officer's strict management and supervision of the probation officer should be imposed on the following grounds: (a) considering the fact that the control standard and statutory punishment were significantly strengthened after the implementation of the current Road Traffic Act; (b) the degree of blood alcohol concentration exceeds the revocation standard; and (c) the degree of blood alcohol concentration exceeds the revocation standard, etc.: (a) the probation officer's punishment shall be suspended by taking into account the fact that there is no imprisonment without prison labor or heavier punishment; (b) the execution of the punishment shall be suspended by taking into account the defendant's age and occupation; and (c) the probation officer's strict management and supervision for the prevention of recidivism is deemed to be helpful.