However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

At Daegu District Court, the Defendant received a summary order of KRW 1.5 million on March 13, 2007, and a summary order of KRW 2 million on April 24, 2008, respectively.

On June 3, 2020, at around 22:35, the Defendant driven an E food car at a distance of about 100 meters from the Do in front of the C cafeteria in Daegu-gu to D, while under the influence of alcohol of 0.093% of blood alcohol level.

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. 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: The application of criminal records, repeated statements, and 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 Article 62-2 of the Probation Criminal Act has three times the history of punishment for drunk driving for the reason of sentencing under Article 62-2, comprehensively taking account of the fact that the current Road Traffic Act, which greatly strengthened the control standards and statutory punishment to eradicate harmful effects caused by drunk driving, and that the degree of blood alcohol level exceeds the revocation standards, and that the risk of recidivism is likely to occur, a person needs to be sentenced to imprisonment with labor by requiring a warning to prevent recidivism: Provided, That the punishment of imprisonment without labor or heavier, the execution of the punishment shall be suspended by taking into account the fact that there is no record of punishment of imprisonment without labor or heavier, the defendant's age, health status, family environment, etc., and the strict management and supervision of the probation officer to prevent recidivism will be helpful. It is so decided as per Disposition on the grounds above.