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 November 2, 2012, the Defendant was sentenced to a fine of KRW 5 million by the Daegu District Court for a violation of the Road Traffic Act.

Although the Defendant violated Article 44(2) of the Road Traffic Act once, on July 3, 2019, at around 21:35, the Defendant driven a Crocketing car at a section of about 16 km from the Myeongdong-gu, Daegu East-gu to the roads under the influence of alcohol level of 0.118%.

Accordingly, the defendant violated Article 44 (1) or (2) of the Road Traffic Act not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the statement of the situation of a drinking driver, and inquiry into the results of the crackdown on drinking driving (nine pages of evidence);

1. Previous records of judgment: Application of criminal records, references to criminal records, prosecution investigation reports, and Acts and subordinate statutes;

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 the school is three times the same records of driving under the influence of alcohol, but the current Road Traffic Act, which greatly strengthened the control standards and statutory punishment by the social request that eradicates harm caused by drinking driving under the influence of alcohol, re-influence of driving under the influence of alcohol again after the implementation of the Road Traffic Act, and the degree of blood alcohol concentration exceeds the revocation standards, and thus, the risk of re-offending is likely to require severe warning, so the sentence should be chosen by requiring a strict warning: Provided, That the execution of the sentence shall be suspended by taking into account the fact that there is no record of punishment of imprisonment without prison labor or heavier, the defendant's age and family relationship, etc., but it seems that the strict management and supervision of the probation officer and the education of safe driving will be helpful to prevent recidivism, and the probation and