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

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 August 11, 2008, the Defendant was sentenced to a fine of KRW 1.5 million for the crime of violation of the Road Traffic Act in the Daegu District Court Kimcheon Branch of the Daegu District Court on August 11, 2008, and a fine of KRW 2 million for the crime of violation of the Road Traffic Act (driving) in the same court on June 15, 201. However, on August 22, 2019, the Defendant driven the EM5 car under the influence of alcohol concentration from C Hospital located in Kimcheon-si B to Kimcheon-si D around approximately 1.2 km from around August 18, 2019 to about 0.039% of alcohol concentration in blood.

Summary of Evidence

1. Defendant's legal statement;

1. A circumstantial report on a drinking driver, a report on the results of the control of drinking driving and a survey report on actual condition;

1. Previous convictions indicated in judgment: Criminal history records, inquiry reports (verification of records of driving under the same kind of suspect), and application of Acts and subordinate statutes attached to two summary orders;

1. Relevant Article of the Act on Criminal facts and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act which choose the penalty;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 6 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

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

1. Reasons for sentencing under Article 62-2 of the Criminal Act for orders to attend lectures and orders to provide community service;

1. Scope of applicable sentences under law: Imprisonment with prison labor for one year to two years and six months;

2. Application of the sentencing criteria: Not set;

3. In light of the fact that the Defendant, who has already been punished two times for the same kind of crime, committed the crime, and that there was no urgent circumstance for the Defendant to have been driving at the time, the Defendant’s dissatisfy is not exceptionally subject to punishment.

However, there are circumstances to consider when determining sentencing, such as the fact that the defendant seems to have recognized all of the crimes, that the defendant was not punished for the same kind of crime since 2011, that there was no record of punishment exceeding the fine, and that there was no high level of exploitation at the time of the defendant's crime.

In addition to the above various circumstances, the defendant's age, character and conduct, occupation, criminal record, family relationship, circumstances after the crime was committed.