A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Punishment of the crime

The Defendant was notified of a summary order of a fine not exceeding 1.5 million won on September 15, 201 and a fine not exceeding 1.5 million won on May 21, 2015 at the Daegu District Court for the violation of each Road Traffic Act.

On April 18, 2019, at around 22:40, the Defendant driven Cran-car in the state of alcohol alcohol level of about 0.089% in the 1km section from the Do in front of the village of the dong-gu, Daegu to the roads in front of the same Gu to the roads in front of the same Gu.

Accordingly, the defendant, who violated the prohibition of driving under the influence of alcohol not less than twice, was driving again.

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 control of drinking driving (six pages of evidence records);

1. Previous records of judgment: Criminal records, replys to criminal records, application of Acts and subordinate statutes to the prosecution investigation report (verification of the same criminal records as the suspect);

1. Relevant Article of the Act on Criminal Facts and Articles 148-2 (1) 1 and 44 (1) of the former Road Traffic Act (amended by Act No. 16037, Dec. 24, 2018; Act No. 16037, Jun. 25, 2019);

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

1. Article 62 (1) of the Criminal Act;

1. The reasons for sentencing under Article 62-2 of the Criminal Act include the fact that the defendant's records of punishment for drinking driving three times or more and the social interest in eradicating harm caused by drinking driving are concentrated, and the risk of recidivism is unlikely to occur when driving under drinking, choice of imprisonment at a severe warning level, considering the fact that there is no punishment of imprisonment without prison labor or more, the degree of blood alcohol concentration does not exceed the criteria for revocation of license, and the execution of the sentence is postponed in consideration of the defendant's age, occupation, economic condition, etc., but it seems that the efficient management and supervision of the probation officer and systematic education of compliance driving is necessary to prevent recidivism.