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

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 January 11, 2017, the Defendant received a summary order of KRW 3 million from the Daegu District Court as a crime of violation of the Road Traffic Act.

On August 23, 2019, at around 23:10, the Defendant driven a B Sti-type car under the influence of alcohol concentration of about 3km from the front of the cafeteria-dong, Nam-dong, Chungcheongnam-dong, Chungcheongnam-dong, Nam-gu, Seoul, about 0.120%.

As a result, the defendant violated the prohibition of drunk driving more 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, and application of Acts and subordinate statutes to a prosecutor's investigation report (Attachment to judgment);

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 reason for sentencing under Article 62-2 of the Criminal Act on probation and lecture attendance order is that the defendant, even though he had the history of driving under the influence of alcohol twice, re-infidented the control standard and statutory punishment after the implementation of the current Road Traffic Act, which greatly strengthened the control standard and statutory punishment to eradicate harmful effects of drinking driving, and arrest him again to avoid drinking control, and arrest him in order to avoid drinking control, and the degree of blood alcohol concentration exceeds the license revocation standard, and thus, the defendant is likely to repeat a crime without severe warning, so he/she will choose a sentence by requiring a strict warning: Provided, That the execution of a sentence shall be suspended in consideration of the fact that he/she has no record of punishment of imprisonment without prison labor or heavier, the defendant's age and family relationship, etc., and it seems that the strict management and supervision of the probation officer of the line probation and the education of safe driving will be helpful to prevent recidivism. It is so decided as per Disposition on the grounds above.