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

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

On February 8, 2007, the Defendant received a summary order of KRW 700,000,000 as a fine for a violation of the Road Traffic Act, and a fine of KRW 2.5 million as a crime of violation of the Road Traffic Act at the Daegu District Court on November 29, 2007, respectively.

On August 11, 2019, at around 17:16, the Defendant driven a DNA cargo vehicle under the influence of alcohol with approximately 300 meters alcohol concentration of 0.137% from a section of about 300 meters from the front of the pentae-Eup, Mapo-si, where it is impossible to identify the trade name located near the breakwater.

Accordingly, the defendant violated the prohibition of drinking driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. E statements;

1. Inquiries into the circumstantial statements of a drinking driver, and the results of crackdown on drinking driving;

1. Previous records: Application of inquiries, such as criminal records, and summary order-related Acts and subordinate statutes;

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. The main sentence of Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2(1) of the Social Service Order Criminal Act is the third drunk driving and the degree of drinking. However, the same criminal records were all 12 years prior to the case, and there are only the criminal records subject to a fine on one occasion due to obstruction of business, and family relations, etc. shall be considered.