A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Punishment of the crime

On March 12, 2010, the Defendant received a summary order of KRW 2 million from the Daegu District Court to a fine for a violation of the Road Traffic Act, and on June 10, 2013, a summary order of KRW 4 million from the Daegu District Court to a fine for a violation of the Road Traffic Act was notified, and on June 10, 2013, two times the Defendant was punished for a violation of the Road Traffic Act.

Although the Defendant had been able to violate the provision prohibiting drunk driving under the Road Traffic Act two or more times as above, the Defendant driven a motor vehicle by mixing it under the influence of alcohol with approximately 0.180% of blood alcohol concentration at approximately 100 meters from Apr. 16, 2019 to the front road of the D Residents' Center located in the same Gu C from the Daegu Dong-gu Do, Daegu-gu, Seoul-gu Do to the roads located in the same Gu C.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statements of a drinking driver and report on the control of drinking driving;

1. Previous convictions in judgment: Application of criminal records and prosecution investigation reports (verification of criminal records of the same kind of suspect);

1. Relevant Article of the Act on Criminal Facts and Articles 148-2 (1) 1 and 44 (1) of the former Road Traffic Act (amended by Act No. 16037, Dec. 24, 2018; Act No. 16037, Jun. 25, 2019);

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

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

1. Although the social interest in eradicating harmful effects of drinking driving on the grounds of sentencing in Article 62-2 of the Criminal Act is concentrated, the defendant's blood alcohol concentration at the time of committing the crime is far more higher than the revocation standard of the license, reflective light is insufficient, and the risk of recidivism is high, so the defendant's imprisonment is selected for severe warning. However, the execution of the sentence shall be suspended by taking into account that there is no previous imprisonment without prison labor or heavier punishment, the defendant's age and occupation favorable conditions such as the defendant's occupation, and the efficient management and supervision of the probation officer to prevent recidivism is systematic.