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

[criminal power] On May 15, 2013, the Defendant issued a summary order of KRW 1.5 million at the Busan District Court for a crime of violation of the Road Traffic Act, and a summary order of KRW 4 million at the Daegu District Court on October 10, 2014 for the same crime.

【Criminal Facts】

On August 5, 2019, at around 01:30, the Defendant driven an E K5 vehicle from around 15 meters from the front of the alley-gu in Daegu-gu B to the front of D located in the same Gu, while under the influence of alcohol of 0.063% of blood alcohol level.

As a result, the Defendant, who violated two times or more of drinking driving, driven a motor vehicle under the influence of alcohol again.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. Notification of the control of drinking driving;

1. Previous records before ruling: Application of criminal records, inquiry reports, and criminal investigation reports (attached to a summary order of the same kind of power);

1. Relevant Articles 148-2 (1) and 44 (1) of the Road Traffic Act, the choice of punishment for the crime, and the choice of imprisonment;

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

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

1. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act: The sentence shall be determined as ordered in consideration of the various circumstances shown in the arguments of this case, such as the defendant's age, character and conduct, environment, family relationship, motive and consequence of the crime, and circumstances shown in the arguments of this case, which are favorable to the fact that there have been several records of punishment for the same kind of crime: The confession and reflect of the facts that the blood alcohol level has not been high enough.