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 December 4, 2008, at the Daegu District Court issued a summary order of KRW 2 million for the crimes of violation of the Road Traffic Act, etc., and on February 10, 2014, the same court issued a summary order of KRW 5 million for the same crimes.

On November 22, 2019, at around 03:15, the Defendant driven a rocketing car under the influence of alcohol content of about 800 meters from the 0.101% of blood alcohol content to the front road of the cafeteria branch located in the Daegu Suwon-gu Newdong to the cafeteria branch.

Accordingly, the Defendant violated the prohibition of driving under the influence of alcohol not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

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

1. A statement on criminal records, etc.;

1. Application of the Acts and subordinate statutes to each disposition not yet and the results of confirmation;

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 sentencing conditions of the defendant's age, occupation, character and conduct, family relationship, circumstances before and after the crime, etc., under Article 62-2 (1) of the Criminal Act, shall be determined by comprehensively taking into account the following circumstances:

- The fact that there are two occasions the history of punishment for the violation of the Road Traffic Act (driving) - the recognition and reflect of the crime, and the further refusal to drive under the influence of alcohol;