A defendant shall be punished by imprisonment for one year.

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 November 6, 2015, the Defendant was sentenced to a summary order of KRW 3 million for a crime of violation of the Road Traffic Act by the Daegu District Court, and the same court issued a summary order of KRW 2 million for the same crime on September 7, 2016. On May 18, 2017, the Defendant was sentenced to a suspended sentence of KRW 6 months for the same crime.

Although the Defendant had been able to violate the provision on the prohibition of drunk driving under the Road Traffic Act more than once, the Defendant driven a C Tro XG car in the state of alcohol 0.127% in the section of about 3km from the road in front of the Daegu Dong-gu B market on November 2, 2019 to the road in front of the 260-8 Gamyang-ro 260-8, the same Gu.

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. The actual condition survey report;

1. A statement on criminal records, etc.;

1. Investigation report, each judgment, and the application of Acts and subordinate statutes concerning summary order;

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. 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 main sentence of 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 history of punishment for the violation of the Road Traffic Act (driving) is three times, - the recognition and reflect of the commission of the crime, and the further refusal to drive under the influence of alcohol;