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

In Daegu District Court on August 12, 2010, the Defendant received a summary order of KRW 3 million from a fine of KRW 1.5 million due to a violation of the Road Traffic Act (refluence of measurement), and a summary order of KRW 1.5 million from a fine of KRW 1.5 million due to a violation of the Road Traffic Act (refluence of measurement) on November 1, 2016.

피고인은 2020. 7. 12. 22:39경 경북 칠곡군 B건물 앞 도로부터 C에 있는 D약국 뒤편 주차장까지 약 500m의 구간에서 혈중알코올농도 0.076%의 술에 취한 상태로 E 무쏘밴 화물차를 운전하였다.

Accordingly, the defendant violated the prohibition of drinking driving more than twice.

Summary of Evidence

1. Statement of the police statement concerning F of the defendant's legal statement;

1. Report on the Statement of the Statement of the State Drivers, Inquiry into the Results of the Control of Drinking Driving Regulations, Report on Investigation by the Prosecution (Measurement of the Records of the Records of Drinking Driving) 112 Report: Photographs: “Defendant Vehicles, etc.”, “A restaurant, etc. after drinking,” “a restaurant, etc. after drinking”, and “a course for a vehicle black booms images”;

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

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. Although Article 62(1) of the Probation Act provides two times the period of punishment for drunk driving under Article 62-2 of the Act on Probation under Article 62(1) of the Act on Probation, a probation officer's strict management and supervision by the probation officer would be helpful to prevent recidivism on the grounds that the regulatory standard and statutory punishment were significantly strengthened after the enforcement of the Road Traffic Act, and thus, a person is engaged in drinking again. However, the number of blood alcohol concentration, which was finally calculated, falls short of the criteria for revocation of license, and the same crime is not punishable by imprisonment without prison labor or more, and the execution of the sentence is suspended in consideration of the defendant's age, occupation and family relationship, etc.