Defendant shall be punished by imprisonment for a term of one year and six months.

However, the above sentence shall be executed for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

On September 28, 2007, the Defendant issued a summary order of KRW 2,50,000 for a fine of KRW 2,00,000 for each violation of the Road Traffic Act (hereinafter referred to as the “FF”) at the Seog District Court Branch Branch of the Daegu District Court on August 26, 2008, the summary order of KRW 3 million at the Daegu District Court on August 26, 2008, and the summary order of KRW 6 million at the Daegu District Court on July 21, 2014 was notified, and on June 9, 2016, the Defendant was sentenced to a suspended sentence of two years for imprisonment for October.

On May 13, 2020, at around 19:20, the Defendant driven a DNA cargo vehicle while under the influence of alcohol 0.160% in the section of approximately 1.3km from the Do in front of the Daegu Dong-gu B market to the front of C.

Accordingly, the defendant violated the prohibition of drinking driving more than twice.

Summary of Evidence

1. The legal statement, statement, report on the occurrence of traffic accidents by defendants and the actual condition investigation report;

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 report criminal investigation by the prosecution (report on confirmation of the same type of suspect);

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. Although the period of punishment for drunk driving for the reason of sentencing under Article 62-2 of the Criminal Act is six times (including a suspended sentence of imprisonment), the current Road Traffic Act, which greatly strengthened the control standards and statutory punishment, has been enforced after the enforcement of the Road Traffic Act to eradicate the harmful effects of drunk driving, causes traffic accidents again, and the blood alcohol concentration level exceeds the criteria for revocation of license, and the risk of recidivism is likely to require severe warning, making a choice of imprisonment with labor by taking account of the following factors: (a) a vehicle is disposed of to avoid recidivism while in depth; (b) a vehicle is difficult to be used for construction even after divorce; and (c) a traffic accident is likely to occur in the back of the child.