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

In Daegu District Court, the Defendant received a summary order of KRW 1.5 million on May 31, 2017, and a summary order of KRW 7 million on October 20, 2017 from the Daegu District Court.

On August 26, 2020, at around 01:46, the Defendant driven a C Poter in the state of alcohol alcohol concentration of about 0.167% at the section of about 1km, where the Defendant was under the influence of alcohol, from the front of a restaurant where the trade name near Daegu Northern-gu B cannot be known, to the road front of the entrance of the lux as 26 Do, and to the road front of the entrance of the lux as Newcheon.

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, replys to criminal records, application of Acts and subordinate statutes to the prosecution investigation report (verification of the same kind of force);

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 there have been three times the history of punishment for drunk driving for sentencing under Article 62-2 of the Probation Criminal Act, in full view of the fact that the current Road Traffic Act, which greatly strengthened the control standards and statutory punishment to eradicate harmful effects caused by drunk driving, conducts drinking driving after the implementation of the Road Traffic Act, the blood alcohol concentration level exceeds the criteria for the revocation of license, and the fact that it seems that the control seems to have driven much more than the criteria for the revocation of license, the punishment for the crime is not easy, and the risk of recidivism is very very rough and highly likely to be very serious danger, and thus, choice of imprisonment shall be made by requiring a severe warning: Provided, That the execution of the punishment shall be suspended by taking into account the fact that there is no criminal history of imprisonment without prison labor or more, the defendant's age, occupation and family relationship, etc., and the strict management and supervision of the probation officer will assist the prevention of recidivism, and the probation is imposed