A defendant shall be punished by imprisonment for not less than one year and six months.

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

[Criminal Power] On August 25, 2010, the Defendant was sentenced by the Daegu District Court to a summary order of KRW 2 million for a crime of violation of the Road Traffic Act, and on July 6, 2012, the Defendant was sentenced to a suspended sentence of KRW 5 million for six months by imprisonment with labor for a crime of violation of the Road Traffic Act (Refusal of measurement) at the same court on July 6, 2012, and on June 10, 2015 by the same court on June 10, 2015.

【Criminal Facts】

Although the Defendant had been able to violate the provision prohibiting drunk driving under the Road Traffic Act more than once, on September 13, 2019, at around 21:53, the Defendant driven a D Sspke car under the influence of alcohol level of about 0.062% from the 200m section to C, located in Daegu Dong-gu, Daegu-gu, Daegu-gu, Dong-gu, Dong-gu, Seoul-gu, about 200 meters.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. Making a report on the control of drinking driving;

1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes to investigation reports;

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 for probation and community service order: The court shall determine the punishment as ordered in consideration of 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, etc., as well as the situation shown in the arguments of this case, including the suspended sentence of imprisonment for the same kind of crime: The confession and reflection of the favorable circumstances