A defendant shall be punished by imprisonment for one year.

except that 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

1. The Defendant of criminal records was issued by the Daegu District Court on August 7, 2007 a summary order of a fine of four million won due to a violation of the Road Traffic Act, etc. and the order becomes final and conclusive. On July 8, 2008, the Defendant was sentenced to imprisonment for eight months and a suspension of execution for the same crime in the same court on the same day, etc. and was sentenced to two years on July 8, 2008, and such judgment became final and conclusive on

2. On November 2, 2018, the Defendant driven a e-cargo distance of about 1 km from the Do in front of a restaurant in Daegu Seo-gu B to the front road of the same Gu, while under the influence of alcohol at around 0.151% of alcohol level, around November 2, 2018.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. A report on the confirmation of occurrence of a violation of the Road Traffic Act, and a report on the situation of the driving under the influence of alcohol;

1. Notification (A), report on the circumstantial statements of a drinking driver (A), and inquiry into the results of the regulation of drinking driving;

1. Criminal records as indicated in the judgment: Application of the police suspect interrogation protocol and criminal record inquiry protocol to the accused;

1. Article 148-2(1)1 and Article 44(1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018); the choice of imprisonment for a crime;

1. The reason for sentencing under Article 62(1) of the Criminal Act is that the Defendant once again repeated the same kind of crime even though he/she had a history of criminal punishment for various traffic-related crimes, including drinking driving in the past.

At the time of the driving of the instant drinking, the Defendant’s blood alcohol concentration is considerably high by 0.151%.

In light of these points, it is necessary to strictly punish the defendant.

However, the fact that the defendant has no record of criminal punishment since January 2010 is considered as favorable to the defendant, and the defendant's age, character and behavior, environment, family relationship, home environment, circumstances after the crime, and various sentencing conditions shall be determined as ordered by considering the following factors: the defendant's age, character, environment, family relationship, home environment, circumstances after the crime.