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 December 27, 2006, the Defendant received a summary order of KRW 700,000 from the Daegu District Court to a fine for a violation of the Road Traffic Act, and a summary order of KRW 1.5 million as a fine in the same court on November 2, 2007.

On September 7, 2019, at around 22:35, the Defendant driven a B-be truck under the influence of alcohol leveling 0.057% of blood alcohol level from the 2km section to the 4.19 west-gu, Daegu, as the central road of the 419 B-be, G-gu, G-gu, U.S., G-do.

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. The circumstantial statement of the employee;

1. A statement on criminal records, etc.;

1. Application of Acts and subordinate statutes to report on investigation (verification of suspect's same records);

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 re-driving will not be conducted.