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 March 20, 2014, the Defendant received a summary order of a fine of KRW 3 million for the crime of violating the Road Traffic Act in the Daegu District Court Kimcheon Branch.

On August 7, 2019, at around 23:20, the Defendant driven a F-B car in the state of alcohol alcohol concentration of approximately 0.231% at the section of about 10km from the front of the C cafeteria located in Gumi-si B to the same Si-dong E-dong parking lot.

Accordingly, the defendant violated the prohibition of drinking driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the state of driving under the influence of alcohol, and inquiry into the results of the control of drinking driving;

1. Previous convictions in judgment: Criminal history records, inquiry reports, application of summary order-related Acts and subordinate statutes;

1. Relevant Article of the Act on Criminal facts and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act which choose the penalty;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following consideration shall be repeated in favor of the reasons for sentencing):

1. Reasons for sentencing under Article 62-2 of the Criminal Act for orders to attend lectures and orders to provide community service;

1. Scope of applicable sentences under law: Imprisonment with prison labor for one year to two years and six months;

2. Application of the sentencing criteria: Not set;

3. The criminal liability is heavy in view of the fact that the defendant, who has already been sentenced to punishment for the same kind of crime, repeatedly commits the crime despite the history of punishment.

At the time of the defendant's crime, the alcohol concentration level was considerably high, and the driving distance was considerably long.

However, there is a reason to consider the fact that the defendant recognizes the crime and seriously reflects the fact that he disposes of the vehicle, and that the defendant has no penalty power exceeding the fine.

In addition to the above various circumstances, the defendant's age, character and conduct, occupation, criminal record, family relation, circumstances after the crime, and attitude after the crime are also determined as ordered by considering various sentencing conditions.