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

The defendant, at the Daegu District Court on February 1, 2007, received a summary order of one million won or more as a crime of violation of the Road Traffic Act (driving) from the Daegu District Court on August 19, 2009, a summary order of three million won or more as a crime of violation of the Road Traffic Act (Refusal of measurement) from the Western District Court on August 19, 2009, and on December 29, 2010 by the same court on December 29, 2010, a summary order of three million won or more as a crime of violation of the Road Traffic Act (driving) and received each summary order of three million won or more as a penalty for violation of Article 44 (1) or (2) of the Road Traffic Act.

Although the Defendant had the power of violating the provision prohibiting a drunk driving under the Road Traffic Act, on June 27, 2019, the Defendant driven a ETrac vehicle under the influence of alcohol leveling 0.153% from the Do in front of the “C” located in Daegu-gu Dong-gu, Daegu-gu, Daegu-do, to the road below the Do on the Do road under the Do in approximately 300 meters of blood alcohol level.

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 prosecution investigation reports (verification of criminal records of driving under influence of a suspect);

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. The reason for sentencing under Article 62-2 of the Criminal Act on probation and order to attend a lecture is three times, in full view of the fact that the defendant's history of punishment for drunk driving is to eradicate harm caused by drunk driving, and that the current Road Traffic Act, which greatly strengthened the control standards and statutory punishment, re-influences the drinking driving, and that the degree of blood alcohol concentration exceeds the criteria for revocation of license, and the risk of recidivism, the defendant requires a strict warning and choice of imprisonment. However, the punishment is imposed in consideration of the fact that the defendant has no history of punishment more than imprisonment without prison labor, the fact that he suffers from chronic diseases, the defendant's age and occupation, etc.