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 June 19, 2007, the Defendant was sentenced to a summary order of KRW 1.5 million by a fine for a violation of the Road Traffic Act at the Incheon District Court, and on June 11, 2008, the Defendant was sentenced to a suspended sentence of two years by imprisonment for a violation of the Road Traffic Act at the Seoul Southern District Court.

On September 8, 2019, at around 00:52, the Defendant driven an Eflor vehicle while under the influence of alcohol with approximately 100 meters alcohol concentration of about 0.102% in the section of approximately 100 meters from the Do of Daegu Northern-gu to the front road of the D Elementary School located in Daegu North-gu C.

Accordingly, the defendant has driven a motor vehicle under the influence of alcohol not less than twice in violation of the prohibition of drunk driving.

Summary of Evidence

1. Defendant's legal statement;

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

1. The circumstantial statement of the employee;

1. A statement on criminal records, etc.;

1. Investigation report (verification of suspect's history of drinking driving), summary order No. 2007 high-water and 25996 of the Incheon District Act, and application of statutes of the Seoul Southern District Court Decision No. 2008 high-water and 401 of the Seoul Southern District Act

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 sentence identical to the order shall be determined by comprehensively taking into account the following circumstances in the grounds for sentencing under Article 62-2(1) and the main sentence of Article 62-2(2) of the Criminal Act and other conditions of sentencing as shown in the records, such as the defendant's age, occupation, character and conduct, family relationship

- The history of punishment for the violation of the Road Traffic Act (driving) is three times, - the recognition and reflect of the crime, and the absence of driving under the influence of alcohol again;