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 June 25, 2008, the Defendant issued a summary order of KRW 1 million for a crime of violation of the Road Traffic Act, at the Daegu District Court on November 1, 2010, for a fine of KRW 3 million for the same crime, and at the same court on January 13, 2014, for a fine of KRW 3 million for the same crime.

On December 4, 2019, at around 00:15, the Defendant driven an E SP car in the state of alcohol with approximately 00 meters alcohol concentration of 0.069% from the front road in Daegu Northern-gu B to D.

Accordingly, the defendant violated the prohibition of drinking driving more 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 regulation of drinking driving;

1. Application of Acts and subordinate statutes to criminal history records, reply reports, and investigation reports (verification of the same kind of power);

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 the defendant's error in sentencing of Article 62-2 of the Criminal Act does not be mitigated, and the nature of the crime is not good, it is against the defendant, and the main nature of the crime is not heavy. The defendant's age, character and behavior, environment, background and circumstances of the crime, means and result of the crime, circumstances after the crime, family relations, etc. are considered as follows.