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 September 7, 2015, the Defendant issued a summary order of KRW 1 million for the crime of violation of the Road Traffic Act in the Daegu District Court Kimcheon Branch of the Daegu District Court, and a summary order of KRW 1.5 million for the same crime in the same support on September 28, 2016, respectively.

On November 18, 2019, at around 04:30, the Defendant driven a DNA 5 vehicle under the influence of alcohol with approximately 1.5km alcohol concentration of about 0.130% from the 1.5km section to the front road of the C Hospital located in the same city, from the front of the restaurant where the trade name located in the Masan-dong, Masan-dong, Masan-si is unknown.

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. The circumstantial statement of the employee;

1. A statement on criminal records, etc.;

1. Application of Acts and subordinate statutes to report on investigation (verification of the same criminal history as a suspect);

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. The sentencing conditions of the defendant's age, occupation, character and conduct, family relationship, circumstances before and after the crime, etc., under Article 62-2 (1) of the Criminal Act, shall be determined by comprehensively taking into account the following circumstances:

- The fact that there are two occasions the history of punishment for the violation of the Road Traffic Act (driving) - the recognition and reflect of the crime, and the further refusal to drive under the influence of alcohol;