A defendant shall be punished by imprisonment for a term of one year and two 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 April 21, 2017, at the Daegu District Court issued a summary order of KRW 3 million as a crime of violation of the Road Traffic Act, and the summary order of KRW 1.5 million as a fine in the same court on March 29, 2019.

On November 15, 2019, at around 04:45, the Defendant driven C SP car under the influence of alcohol content of 0.145% in the section of approximately 6 km from the influent area of the Daegu Suwon-dong to the frontway of the same Gu.

Accordingly, the Defendant violated the prohibition of driving under the influence of alcohol not less than twice.

Summary of Evidence

1. Defendant's legal statement;

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

1. The circumstantial statement of the employee;

1. A statement on criminal records, etc.;

1. Application of Acts and subordinate statutes to a report on investigation (report accompanied by a summary order that has record on punishment of the same kind of crime);

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 sentencing conditions of the defendant's age, occupation, character and conduct, family relationship, circumstances before and after the crime, etc., under Article 62-2 (1) of the Criminal Act, shall be determined by comprehensively taking into account the following circumstances:

- The fact that there are two occasions the history of punishment for the violation of the Road Traffic Act (driving) - the recognition and reflect of the crime, and the further refusal to drive under the influence of alcohol;