A defendant shall be punished by imprisonment for two years.

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 June 16, 2015, the Defendant was sentenced to a suspended sentence of two years by imprisonment with labor for a violation of the Road Traffic Act, etc. at the Daegu District Court on June 16, 2015. On June 5, 2014, the same court issued a summary order of two million won by the same court as a fine for a violation of the Road Traffic Act (driving).

【Criminal Facts】

On June 26, 2020, at around 08:27, the Defendant driven a D levir vehicle under the influence of alcohol content 0.115% from the 1km section from the 1km to the Pool distance located in Daegu Suwon-gu, Daegu-gu.

Accordingly, the defendant violated Article 44 (1) of the Road Traffic Act not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Investigation report on the circumstantial statement of a driver(s) on the driver(s)(s)

1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes to investigation reports (verification of sound driving 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. Article 62 (1) of the Criminal Act;

1. On the grounds of sentencing under Article 62-2 of the Criminal Act, the probation and order to attend a lecture shall be determined by taking into account the following circumstances and the defendant’s age, character and conduct, environment, motive, means and consequence of the crime, circumstances after the crime was committed, and various conditions of sentencing as shown in the argument of this case:

Unfavorable circumstances: The crime of this case was committed even though there was a record of punishment for the same kind of drinking driving, including a criminal record before probation.

The blood alcohol concentration is also high at the time of crime.

The favorable circumstances: Recognizing the crime, it is against the law.

In other words, it is not possible to drive under the influence of alcohol.