A defendant shall be punished by imprisonment for a term of one year and two months.

except that 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 16, 2015, the Defendant was issued a summary order of KRW 1,50,000 as a fine for a violation of the Road Traffic Act in the Seogu District Court's branch court.

On October 29, 2019, at around 18:15, the Defendant driven an Esch Rexton sports car in the state of alcohol alcohol concentration of about 45 meters from the front of Daegu-gun B to the front of the “D” located in the same Gun C from the front of the “D” in the same Gun.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes of one copy of a summary order, such as a circumstantial statement report, investigation report, inquiry about the results of crackdown on drinking driving, criminal records, etc., investigation report (Attachment to a summary order), and application of Acts and subordinate statutes of one copy of the summary order;

1. Relevant Articles 148-2 (1) and 44 (1) of the Road Traffic Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. The reason for sentencing under Article 62(1) of the Criminal Act, despite the fact that the defendant had been punished for drunk driving in 2009 and 2015, repeated again, and the fact that the pertinent drinking water was high is disadvantageous to the defendant.

However, considering the fact that the defendant shows the attitude of pening and reflecting his mistake, the fact that there is no past record of criminal punishment exceeding the fine, and the defendant's age, character and behavior, environment, etc., the punishment as ordered shall be determined in consideration of all the circumstances that are conditions for the sentencing.