A defendant shall be punished by imprisonment for not less than one year and six months.

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

On November 15, 2007, the Defendant was sentenced to a suspended sentence of 6 months by imprisonment with labor for a violation of the Road Traffic Act, etc. at the Daegu District Court on December 9, 2016, and was sentenced to a summary order of 5 million won by a fine of 5 million won by a violation of the Road Traffic Act at the Daegu District Court on December 9, 2016.

Although the Defendant had a record of violating the prohibition on drinking under the Road Traffic Act, on July 14, 2019, at around 13:25, the Defendant driven a F-typ vehicle with a blood alcohol concentration of about 10km from the front parking lot of the building C, Busan Metropolitan City, to the front road of the E-bank bordering point located in Gyeongsi-si, Gyeongsi, the Defendant driven a vehicle under the influence of alcohol level of about 0.206% at around 10km.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. Investigation report (report on the circumstances of an immigration driver);

1. A statement on criminal records, etc.;

1. Report of investigation (verification of the same kind of suspect's power), application of one written judgment, application of summary order-order Acts and subordinate statutes; and

1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1), 44 (1) and (2) of the Road Traffic Act that 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. The sentence identical to the order shall be determined by comprehensively taking into account the following circumstances in the grounds for sentencing under Article 62-2(1) and the proviso to Article 62-2(2) of the Criminal Act and other conditions of sentencing as shown in the records, such as the defendant's age, occupation, character and conduct, family relationship,

- The high level of drinking water in this case and the records of punishment once for the violation of the Road Traffic Act (refluence of drinking alcohol), and the violation of the Road Traffic Act (refluence of drinking alcohol measurement) - the recognition and reflect of the crime, and the refluence of not driving under the influence of drinking.