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

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

Punishment of the crime

On October 16, 2007, the Defendant received a summary order of KRW 1.5 million from the Daegu District Court to a fine for a violation of the Road Traffic Act; on July 25, 2012, a summary order of KRW 7 million from the Daegu District Court to a fine for a violation of the Road Traffic Act; and on December 23, 2013, the Defendant was sentenced to a suspended sentence of one year from imprisonment for a violation of the Road Traffic Act to a suspended sentence of KRW 6 months.

On August 4, 2020, at around 04:20, the Defendant driven CMW car under the influence of alcohol of about 0.11% in the section of approximately 4km from the underground parking lot of the Daegu Suwon-gu B apartment to the road front of the “Ggu Lone Star Starting” located in 140 U.S. Lone Star.

Accordingly, the Defendant violated the prohibition of driving under the influence of alcohol not less than twice.

Summary of Evidence

1. Statement of the police statement concerning D's legal statement of the defendant;

1. A report on the occurrence of a traffic accident and a report on actual condition investigation;

1. Report on the statement of the situation of a drinking driver, and inquiry into the results of the crackdown on drinking driving (Evidence records 31 pages);

1. Photographs of the accident site;

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 the reason for sentencing under Article 62-2 of the Criminal Act on probation and order to attend a lecture three times after 2007, the reason for sentencing is that the force of drinking driving is three times (including a suspended sentence of imprisonment), in full view of the following: (a) the enforcement of the current Road Traffic Act, which greatly strengthened the control standards and statutory penalty on the ground of the social request to eradicate the harm caused by drinking driving; (b) the collision between parked vehicles while driving a drinking again after the enforcement of the current Road Traffic Act; and (c) the degree of blood alcohol concentration exceeds the criteria for revocation of license, and thus, the risk of re-offending is likely to occur, a severe warning is required,