Defendant shall be punished by imprisonment for a term of one year and six months.

However, the above sentence shall be executed for three years from the date this judgment becomes final and conclusive.

Punishment of the crime

At the Daegu District Court on October 2, 2008, the Defendant received a summary order of KRW 3 million from the Daegu District Court on October 2, 2008 due to the charge of violating the Road Traffic Act on October 2, 2008, and the summary order of KRW 5 million due to the crime of violating the Road Traffic Act on December 4, 2012.

Although the Defendant violated Article 44(1) of the Road Traffic Act more than twice, on October 13, 2019, while under the influence of alcohol level of 0.152% at around 02:45 on October 13, 2019, the Defendant driven DMW 520d car at the section of approximately 1km from the Do adjacent to the Daegu Jung-gu B market to the front of the C building.

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. Previous records of judgment: Criminal records, etc., and the application of prosecution investigation reports (verification of criminal records without a suspect's drinking or non-licensed criminal records) Acts and subordinate statutes;

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 period of punishment for drunk driving for the reason of sentencing under Article 62-2 of the Criminal Act is two times, the punishment should be chosen by taking into account the fact that the control standard and statutory punishment have been greatly strengthened after the implementation of the current Road Traffic Act, and that the degree of blood alcohol concentration exceeds the revocation standard, the degree of punishment for traffic offense such as non-licensed driving, etc. is also four times, and the risk of recidivism is likely to occur, so the punishment should be chosen by making a strict warning: Provided, That the execution of the punishment shall be suspended by taking into account the fact that there are children, and the strict control and supervision of the probation officer and the safety and defense of the probation officer to prevent recidivism.