The punishment of the accused shall be eight months by imprisonment.

However, the above sentence shall be executed for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

[Criminal Power] On May 14, 2010, the Defendant was sentenced to a summary order of KRW 2 million due to a violation of the Road Traffic Act (driving) at the port branch of the Daegu District Court on May 14, 2010. On March 26, 2012, the same court was sentenced to a suspended sentence of two years for imprisonment for a violation of the Road Traffic Act (driving).

【Criminal Facts】

On April 8, 2019, the Defendant, while under the influence of alcohol of 0.072% of blood alcohol level 0.075, driven a Fysta car at approximately 70 meters from the front line of the “C” week located in the north-gu, Posi, B to the front road of the “E” restaurant located in D.

Accordingly, the defendant, who violated the prohibition of drinking driving more than twice, was driving a motor vehicle under the influence of alcohol in violation of the above provision.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control results of drinking driving, and report on the circumstantial statement of a drinking driver;

1. Previous convictions in judgment: Criminal records, investigation reports, each summary order, and application of Acts and subordinate statutes;

1. Article 148-2 (1) 1 and Article 44 (1) of the former Road Traffic Act (amended by Act No. 16037, Dec. 24, 2018) (amended by Act No. 16037, Dec. 24, 2018) that provides for the pertinent provision on criminal facts and for the selection of punishment for a crime [the];

1. Article 53 and Article 55(1)3 of the Criminal Act for discretionary mitigation (i.e., the violation of an error and the fact that a traffic accident has not been caused from the driving of this case);

1. Article 62 (1) of the Criminal Act on the stay of execution [The grounds for discretionary mitigation and the fact that there is no past record of sentence of imprisonment imposed];

1. Probation under Article 62-2 of the Criminal Act;