A defendant shall be punished by imprisonment for two years.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Punishment of the crime

1. On September 16, 2010, the Defendant was issued a summary order of KRW 3.5 million by the Daegu District Court on September 16, 2010.

On September 13, 2019, at around 01:19, the Defendant driven an E G80 vehicle while under the influence of alcohol concentration of about 0.182% from around 300 meters to the front road of the D secondary school located in C from the roads adjacent to a restaurant located in B, G, Dolbuk-gun.

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

2. On September 16, 2010, the Defendant was issued a summary order of KRW 3.5 million by the Daegu District Court on September 16, 2010.

Although the Defendant had been able to violate the provision on the prohibition of drunk driving under the Road Traffic Act more than once, the Defendant driven an E G80 vehicle under the influence of alcohol leveling 0.159% from the front of a non-cafeteria located in the new-dong-gu, Daegu-gu, Daegu-gu, about November 7, 2019 to the G road located in the same Gu F, with approximately 400 meters alcohol leveling from the 400m section to the G road located in the same Gu.

Summary of Evidence

[2019 Highest 586]

1. Defendant's legal statement;

1. The actual condition survey report;

1. The circumstantial statement of the employee;

1. Investigation report (report on the circumstances of an immigration driver);

1. A statement on criminal records, etc.;

1. Investigation report (verification of the same kind of suspect's power);

1. Defendant's legal statement;

1. A H statement;

1. The actual condition survey report;

1. The circumstantial statement of the employee;

1. Investigation report (report on the circumstances of an immigration driver);

1. A statement on criminal records, etc.;

1. Application of Acts and subordinate statutes to an investigation report (power to punish sound driving) and a summary order;

1. Relevant provisions of the Road Traffic Act and Articles 148-2 (1) and 44 (1) of the Road Traffic Act concerning the punishment for a crime;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. The grounds for sentencing of Article 62-2(1) and the proviso to Article 62-2(2) of the Criminal Act, including the following circumstances: