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 29, 2018, 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.

On October 13, 2019, at around 04:30, the Defendant driven C K7 car under the influence of alcohol level of about 0.151% in a section of approximately 250 meters from nearby Dos to the front road of the Suduk-gu, Daegu Special Metropolitan City, a fair Samd Fire Fighting House, which is located in the middle-gu Seoul Special Metropolitan City.

Accordingly, the Defendant violated the prohibition of driving under the influence of alcohol not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. Report on the statement of the state of drinking drivers, and inquiry into the results of the control of drinking driving;

1. A report on investigation by the prosecution (specific distance from driving);

1. Previous records of judgment: Criminal records, replys to criminal records, and application of Acts and subordinate statutes to a prosecutor's investigation report (Attachment to judgment);

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 history of regulating the harmful effects of drinking driving by the reason of sentencing in Article 62-2 of the Criminal Act is two times, the crime liability is not easy in light of the fact that the current Road Traffic Act, which greatly strengthened the control standards and statutory punishment, and that the degree of blood alcohol level exceeds the license revocation standards, and the defendant's age, character and behavior, traffic accident history, etc., the defendant requires a strict warning, and so the risk of recidivism is likely to occur. However, the execution of the sentence is suspended by taking into account the fact that there is no criminal history of imprisonment or heavier, the defendant's occupation, family relation, and economic circumstances, and the execution of the sentence will assist the strict control and supervision of the probation officer to prevent recidivism and the systematic education of the safe and defensive driving.