A defendant shall be punished by imprisonment for one year.

Punishment of the crime

[criminal power] On July 25, 2008, the Defendant was sentenced to a suspended sentence of five months for a crime of violation of the Road Traffic Act in the Seo-gu District Court Branch of the Daegu District Court on May 25, 2008. On October 28, 2013, the same court issued a summary order of KRW 4,00,000 (private million) for a crime of violation of the Road Traffic Act. On August 30, 2017, the Defendant was sentenced to a suspended sentence of one year for a crime of violation of the Road Traffic Act (Refusal of measurement of drinking), and the said judgment became final and conclusive on September 7, 2017, and is currently under suspended sentence, and has the record of violating the Road Traffic Act (Prohibition of Drinking) more than twice.

【Criminal Facts】

On October 5, 2018, at around 01:15, the Defendant driven a NAS car under the influence of alcohol with approximately 00 meters alcohol concentration of about 0.20% from the front of the “C” road located in Seogugu, Daegu to the front of the same day at around 01:20 on the same day.

Summary of Evidence

1. Statement of the accused in the first protocol of trial;

1. Investigation report (report on the circumstances of an immigration driver);

1. Report on the circumstantial statements of a drinking driver and report on the control of drinking driving;

1. Criminal records as stated in the judgment: Application of three copies of the Act and subordinate statutes, such as criminal records, references to criminal records, records of the same kind, confirmation of facts under probation period, judgment, etc.;

1. The reason for sentencing of imprisonment with prison labor is that the defendant was sentenced to a fine of one million won due to drunk driving in 2004, a fine of three million won due to a non-licensed driving in 2005, a fine of three million won due to a non-licensed driving in 2006, a fine of six months due to a non-licensed driving in 2006, a suspended sentence of two years, a suspended sentence of five months due to a drunk driving in 2008, a suspended sentence of two years, a fine of four million won due to a drunk driving in 2013, a refusal to measure a drunk driving in 2017, a fine of one year due to a refusal to measure a drunk driving in 2017, and a suspended sentence of two years.

Nevertheless, the defendant repeats the same kind of crime during the period of suspension of execution by the judgment sentenced in 2017.

The drinking driving of this case.