A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Punishment of the crime

The Defendant, at the Daegu District Court on December 29, 2008, is a person who drives drinking at least twice after having received a summary order of KRW 1 million for a crime of violating the Road Traffic Act, and on February 12, 2010, after having received a summary order of KRW 1.5 million for the same crime from the same court.

On April 17, 2018, the Defendant driven a passenger car at approximately 200 meters from the front side of the Dongcheon-gu, Daegu Northern-ro, in the state of alcohol 0.133% of alcohol content among blood transfusions, to the front side of the National Bank in the same Gu, from the front side of the Dongcheon-gu, Daegu-gu, the Defendant driven a passenger car at around 200 meters of alcohol content.

Accordingly, the Defendant, who violated the prohibition of driving under the influence of alcohol not less than twice, was driving a motor vehicle under the influence of alcohol again.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

1. Investigation report (report on the situation of the driver in charge); and

1. Written inquiry about criminal history, etc.;

1. Application of Acts and subordinate statutes on the report of investigation (verification of suspect records);

1. Relevant Article of the Act and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act concerning the facts constituting an offense;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The grounds for sentencing under Article 62-2(1) of the Criminal Act include: (a) the fact that the accused recognizes the crime and reflects the fact that he/she does not drive drinking again; and (b) other conditions of sentencing as indicated in the records, such as the Defendant’s age, occupation, sex, family relationship, and circumstances before and after the crime, shall be determined by comprehensively taking into account the following factors: