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 of the final judgment.

Punishment of the crime

On December 12, 2006, the Defendant was issued a summary order of a fine of four million won due to a violation of the Road Traffic Act (driving) at the Daegu District Court on December 12, 2006, and on December 4, 2008, the Defendant was sentenced to a suspended sentence of six months by imprisonment with prison labor for the same crime, etc. at the same court on December 4, 2008, and was sentenced to a suspended sentence of eight months by the same court on April 17, 2014.

On March 24, 2019, around 03:30 on March 24, 2019, the Defendant driven D Lasta car under the influence of alcohol concentration of 0.076% at the 10km section from the Do near the North Dupla-dong located in Seogu, Daegu to the “C Real Estate” front of the “C Real Estate” located in the same city north-gu B.

As a result, the Defendant, who violated the prohibition of driving under the influence of alcohol, was driving again under the influence of alcohol.

Summary of Evidence

1. Defendant's legal 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 photograph of a CCTV image closure;

1. Previous records of judgment: Criminal records, replys to criminal records, application of Acts and subordinate statutes to prosecution investigation reports (verification of suspect-like records);

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. Article 62 (1) of the Criminal Act;

1. Although the same records of the reasons for sentencing under Article 62-2 of the Criminal Act are five times or more including probation and order to attend a probation and order to attend a probation, it is likely that the defendant is likely to repeat a crime in that he/she drives under the influence of alcohol again, and thus, he/she is selected to be sentenced to imprisonment. The defendant is physically against the disabled person, and the degree of blood alcohol concentration does not meet the criteria for cancellation of license, and the defendant's age, occupation and family environment are considered as much favorable circumstances, and the execution of the sentence is suspended and the execution of the sentence is necessary to be systematically controlled and the systematic education of compliance driving is necessary.