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

The Defendant received a summary order of KRW 1.5 million from the Daegu District Court on May 25, 2007 due to a violation of the Road Traffic Act (driving) and a summary order of KRW 3 million on June 17, 2016.

On September 11, 2019, at around 22:20, the Defendant driven a motor bicycle under the influence of alcohol leveling to 0.089% of alcohol level at approximately 150 meters from the front of the Daegu Northern-gu B to the entrance of C.

Accordingly, the Defendant violated the prohibition of driving under the influence of alcohol not less than twice.

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. Previous records of judgment: Criminal records, replys to criminal records, application of Acts and subordinate statutes to prosecution investigation reports (verification of suspect's same kind of power);

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. Article 62 (1) of the Criminal Act;

1. Although Article 62-2 of the Probation Criminal Act has two times the history of punishment for drunk driving for the reason of sentencing, in full view of the fact that the current Road Traffic Act, which greatly strengthened the control standards and statutory punishment as a result of the social request that eradicates harm caused by drunk driving, re-undertakes driving again after the enforcement of the current Road Traffic Act, and that the blood alcohol concentration level exceeds the revocation standards, and the risk of recidivism, the punishment for the crime is unlikely to be taken into account and the strict warning is likely to be necessary: Provided, That the execution of the punishment is suspended by taking into account the fact that there is no punishment of imprisonment without prison labor or heavier for the same crime, driving a motorcycle, driving a motorcycle, driving a motorcycle, the age and occupation of the defendant, etc., but it seems that the strict management and supervision of the probation officer for the prevention of recidivism will be helpful.