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 March 22, 2019, 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.

Although the Defendant had been able to violate the provision prohibiting drinking driving under the Road Traffic Act more than once, on October 9, 2019, at around 00:50, the Defendant driven Epoter II truck under the influence of alcohol leveling of about 0.236% in a section of approximately 150 meters from the parking lot of Daegu Dong-gu B apartment to the road before the C apartment D apartment complex.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the statement of the situation of a drinking driver, a written appraisal of blood alcohol, and a inquiry into the results of the control of drinking driving (Evidence records 19 pages);

1. Previous records of judgment: Criminal records, replys to criminal records, and application of Acts and subordinate statutes to report criminal investigations by the prosecution (prior records of the same kind of 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. Although Article 62-2 of the Probation Criminal Act provides two times the punishment force for drunk driving for sentencing, in full view of the fact that the regulatory standard and statutory punishment are significantly strengthened after the implementation of the current Road Traffic Act, the degree of blood alcohol concentration exceeds the criteria for the revocation of a license, and the risk of recidivism, the person who is in need of strict warning should be sentenced to imprisonment for the reason that the risk of recidivism is likely to occur: Provided, That the execution of a sentence shall be suspended by taking into account the fact that there is no imprisonment without prison labor or heavier punishment force, the defendant's age and family environment, etc., and the strict management and supervision of the probation officer for the prevention of recidivism will be helpful. It is so decided as per Disposition on the grounds above.