A defendant shall be punished by imprisonment for one year.

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 July 29, 2013, the Defendant received a summary order of KRW 3 million for a crime of violation of the Road Traffic Act from the Daegu District Court, and issued a summary order of KRW 2 million for the same crime in the same court on September 14, 2018.

On October 2, 2018, at around 01:00, the Defendant driven a D-to-be under the influence of alcohol content concentration of about 0.111% from the 3km section from the front of the C-cafeteria located in Daegu Northern-gu, Daegu to the 243 Seogu, Seogu, Seogu, Daegu-gu. to the front of the P-ri Underground Road.

Therefore, even though the Defendant violated the regulations on the prohibition of drunk driving more than twice, the Defendant was driving the above urbly under the influence of alcohol.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of crackdown on drinking driving and the statement of the status of drinking drivers;

1. A survey report on the actual condition of a traffic accident and photographs of the accident site;

1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes concerning criminal records and investigation reports (a copy of a summary order);

1. Article 148-2(1)1 and Article 44(1) of the former Road Traffic Act (wholly amended by Act No. 16037, Dec. 24, 2018; and enforced June 25, 2019); the choice of imprisonment for a crime;

1. The reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence is that the Defendant has caused a traffic accident that repeatedly breathes the instant drunk driving even though he had a previous record of driving under the influence of alcohol, resulting in a high level of drinking alcohol, and the risk of drunk driving, it is necessary to punish the Defendant significantly.

Meanwhile, in full view of all the circumstances, including the fact that the defendant recognized his mistake and did not repeat the crime, the fact that there is no particular criminal force other than the previous conviction in the judgment, and the fact that the defendant disposed of the Obaba in the instant case by mistake that he did not drive under the influence of alcohol, the driving distance, the circumstances of the crime, and the prosecutor's life (one year of imprisonment), the decision is made as per the disposition.