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 July 13, 2007, the Defendant received, from the Daegu District Court, a summary order of KRW 1 million as a crime of violating the Road Traffic Act, and a summary order of KRW 2 million as a fine in the same court on March 21, 2014.

On May 6, 2019, at around 22:05, the Defendant driven C rocketing car at around the 3km section of approximately 0.152% of blood alcohol concentration from around the 3km section of the Daegu Dong-gu to the shooting distance.

Accordingly, the defendant, who violated Article 44 (1) of the Road Traffic Act more than twice, was driving a motor vehicle under the influence of alcohol again.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the statement of the situation of a drinking driver, report on the status of a drinking driver, and notification of the results of the crackdown on drinking;

1. Previous records of judgment: The application of criminal records, references to criminal records, and Acts and subordinate statutes to report criminal investigation by the prosecution;

1. Relevant Article of the Act on Criminal Facts and Articles 148-2 (1) 1 and 44 (1) of the former Road Traffic Act (amended by Act No. 16037, Dec. 24, 2018; Act No. 16037, Jun. 25, 2019);

1. Article 62 (1) of the Criminal Act;

1. Probation and community service order Article 62-2 of the Criminal Act did not know about two times the reason for sentencing, and re-driving again, and considering that the alcohol level in blood exceeds the criteria for revocation of the license, the criminal liability is not easy, and in particular, if the police patrol is arrested by the patrol vehicle that was pursued by the central line to avoid drinking control, and the escape is unlikely to be bad in character and behavior and the risk of recidivism is likely to occur, a sentence should be selected in a strict warning level: Provided, That the execution of the sentence shall be suspended in consideration of the fact that there is no punishment heavier than imprisonment without prison labor, the defendant's age, occupation and family environment, etc., and the efficient management and supervision of the prior probation officer is appropriate to prevent recidivism.