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 becomes final and conclusive.

Punishment of the crime

On January 27, 2010, the Defendant received a summary order of KRW 2 million from the Daegu District Court as a crime of violation of the Road Traffic Act.

On December 30, 2019, at around 22:20, the Defendant driven CM5 car under the influence of alcohol level of about 0.125% in the 5km section from the 5km adjacent to the city near the city of Yongsan-gu, Daegu-gu to the middle-gu roads.

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 is a history of punishment for drinking driving for the reason of sentencing under Article 62-2 of the Probation Criminal Act, the probation officer should be granted probation by taking into account the fact that there is no history of punishment of imprisonment without prison labor or heavier, the execution of the sentence is deferred, taking into account the fact that there is no history of punishment, the fact that there is a parent who is a person with a disability, and the defendant's age and occupation will assist the strict management and supervision of the probation officer for the prevention of recidivism. It is so decided as per Disposition on the grounds above.