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

In Daegu District Court, the Defendant received a summary order of KRW 500,000 from the Daegu District Court on June 20, 2014, and the summary order of KRW 1.5 million on April 29, 2016, respectively.

On March 10, 2020, at around 22:38, the Defendant driven the Dabbba owned by the Defendant while under the influence of alcohol with approximately 450 meters alcohol concentration of about 0.095% from the Do in front of the Daegu Dong-gu B market to C.

Accordingly, the defendant violated Article 44 (1) or (2) of the Road Traffic Act 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. Photographs, such as damaged vehicles;

1. Previous records of judgment: Criminal records, replys to criminal records, and application of Acts and subordinate statutes to prosecution investigation reports;

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 records of the reason for sentencing under Article 62-2 of the Probation Criminal Act are twice, the execution of the sentence shall be suspended by taking into account the fact that there is no record of punishment of imprisonment without prison labor or heavier punishment, the fact that the current Road Traffic Act, which greatly strengthened the control standards and statutory punishment, conflicts between the parked vehicles after the implementation of the Road Traffic Act, and that the degree of blood alcohol concentration exceeds the criteria for revocation of license, and the risk of recidivism is likely to occur, and the punishment shall be chosen by making a strict warning: Provided, That the execution of the sentence shall be suspended by taking into account the fact that there is no record of punishment of imprisonment without prison labor or heavier, the defendant's age, occupation and economic condition, and the strict management and supervision of the probation officer will be helpful to prevent recidivism. It is so decided as per Disposition on the grounds above.