A defendant shall be punished by imprisonment for two years.

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

The Defendant, at the Daegu District Court on March 2, 2007, was sentenced to a summary order of a fine of three million won for a violation of the Road Traffic Act (driving on March 2, 2007), and a summary order of a fine of five million won for the same crime on July 25, 2007, respectively, and was sentenced to a suspended sentence of six months for the same crime on March 9, 2010.

On September 16:16, 2019, the Defendant driven a B-B car while under the influence of alcohol with approximately 0.285% of alcohol level in the public parking lot of approximately 50m in the public parking lot of approximately 211-1, the Defendant was a Sinsan City.

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. Report on the statement of the state of drinking drivers, and inquiry into the results of the control of drinking driving;

1. Previous records of judgment: Criminal records, replys to criminal records, application of Acts and subordinate statutes to prosecution investigation reports (verification of suspect's same kind of power);

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. Article 62 (1) of the Criminal Act;

1. Although the history of punishment for drinking driving is five times or more including a suspended sentence of the reason for sentencing under Article 62-2 of the Criminal Act, the current Road Traffic Act, which greatly strengthened the control standards and statutory punishment, has been enforced after the enforcement of the current Road Traffic Act to eradicate harm caused by drinking driving, thereby causing traffic accidents. In full view of the fact that the degree of blood alcohol concentration is very high, and the risk of recidivism is likely to occur, the choice of imprisonment should be made by requiring a strict warning. However, the execution of sentence should be postponed by taking into account the following factors: (a) human life damage was caused by the minor contact accident; (b) human life damage was not high; (c) human health was not good due to urology and high pressure; (d) the Defendant’s age and occupation was considered to assist the strict management and supervision of the probation officer and the education of safe driving.