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

In Daegu District Court on August 7, 2017, the Defendant received a summary order of a fine of three million won from the Daegu District Court on the charges of violating the Road Traffic Act on August 7, 2017, and a summary order of a fine of three million won on July 26, 2019.

At around 21:50 on May 20, 2020, the Defendant driven a FK5 car at approximately 1 km section from the front of the Daegu Jung-gu C Hospital to the front road located in D in Jung-gu, Jung-gu, Seoul.

Accordingly, the defendant violated the prohibition of drinking driving more 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, reply reports to criminal records, application of Acts and subordinate statutes to prosecution investigation reports (verification reports on the same type of crime records);

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 Probation Criminal Act has twice the history of punishment for drunk driving, the execution of a sentence shall be suspended by taking into account the fact that the current Road Traffic Act, which greatly strengtheneds the control standards and statutory punishment, has been committed again after the enforcement of the Road Traffic Act, and thus, the risk of re-offending is unlikely to be severe, making it necessary to issue a severe warning: Provided, That it is decided as per the disposition on the grounds that the punishment is against the depth and there is no history of punishment above the imprisonment without prison labor, the blood alcohol concentration level falls considerably short of the criteria for revocation of license, the execution of a sentence shall be suspended by taking into account the Defendant's age and family environment, and the strict management and supervision of the probation officer to prevent recidivism will be helpful.