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 September 20, 2010, the Defendant issued a summary order of KRW 2 million for a crime of violation of the Road Traffic Act at the Daegu District Court, and on April 11, 2014, the Defendant issued a summary order of KRW 4 million for the same crime at the same court.

On December 16, 2019, the Defendant driven a dived vehicle with alcohol content of about 16 km from the front of the Yae Park in the 14:40 Doldong-gu, Pacific City to the front of the Cliving Center located in Daegu Northern-gu B, while under the influence of alcohol content of about 0.060%.

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 the prosecution investigation report (verification of the same criminal records as the 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. Selection of imprisonment shall be made in consideration of the fact that an order to attend a lecture or an order to provide community service and a record of punishment for drunk driving under Article 62-2 of the Criminal Act are repeated despite two times, and that there has already been any history of punishment for other crimes;

However, considering that blood alcohol concentration level does not meet the criteria for revocation of a license, the execution of the sentence shall be suspended, but it shall be decided as ordered by imposing orders to attend a compliance driving lecture and community service in order to prevent recidivism.