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

On May 21, 2008, the defendant was notified of a summary order of a fine of KRW 1.5 million by the Daegu District Court for a violation of the Road Traffic Act.

On July 3, 2019, at around 02:35, the Defendant driven a Clearning car under the influence of alcohol concentration of about 0.129% from the front of the Dong-dong Fire Station located in the Daegu-gu Newcheon-dong to the front road of the Seongdong-gu B building.

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 (a summary order of the same kind of suspect's power attached);

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. On the grounds of sentencing under Article 62-2 of the Probation Criminal Act, when comprehensively considering the fact that the defendant had a history of punishment for drunk driving, even though he had a history of punishment, the execution of the sentence shall be suspended by taking into account the fact that there is no history of punishment more than imprisonment without prison labor or more, the fact that the blood alcohol concentration exceeds the revocation of a license, etc., and the fact that the execution of the sentence will assist the strict management and supervision of the probation officer for the prevention of recidivism. It is so decided as per Disposition on the grounds above.