Defendant shall be punished by imprisonment for a term of one year and three months.

However, the above sentence shall be executed for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

At Daegu District Court, the Defendant received a summary order of KRW 2 million on April 18, 2008, and a summary order of KRW 4 million on August 11, 2014, respectively.

On December 17, 2019, at around 01:15, the Defendant driven a DMW car under the influence of alcohol content of approximately 0.110% from the front of a main point where it is impossible to identify the trade name in Daegu Dong-gu B, Daegu-gu, and the front road of C building, to approximately 100 meters.

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 the prosecution investigation report (verification of the same criminal records as the 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. Although Article 62-2 of the Criminal Code of Probation and Order to Attend the punishment for the reason of sentencing has four times the number of punishment for driving under the influence of alcohol, it is necessary to strictly control the probation officer for the prevention of recidivism and to provide systematic education for safety and defensive driving after the implementation of the current Road Traffic Act, which greatly strengthened the control standards and statutory punishment, and it is expected that the traffic is driven at the new wall time, and the blood alcohol concentration level exceeds the revocation standards, and the criminal liability is not easy. Thus, the sentence should be chosen: Provided, That the execution of the sentence is suspended by taking into account the fact that the person was punished by imprisonment without prison labor or more, and the person was disposed of to prevent recidivism, and the defendant's age and occupation, etc., and the execution of the sentence is required, but it seems that the systematic supervision of the probation officer for the prevention of recidivism is necessary and the systematic education of the safety and defensive driving will be helpful. It is above the order of probation and order to attend the lecture.