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

On December 22, 2003, the Defendant issued a summary order of KRW 1.5 million as a fine for a violation of the Road Traffic Act at the Daegu District Court on December 22, 2003 and KRW 4 million as a fine in the same court on July 17, 2012.

Criminal facts

On December 22, 2019, at around 21:19, the Defendant driven an EM3 vehicle while under the influence of alcohol content of about 0.229% from approximately 10 meters to the front of the D middle school located in C at the on-road parking lot located in Daegu Dong-gu B.

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. Report on the statement of the situation of a drinking driver, investigation report (report on the status of a drinking driver), inquiry into the results of the crackdown on drinking driving, license register, and next inquiry;

1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes to criminal records and investigation reports (reports accompanied by summary orders of punishment records of the same kind of crime);

1. Relevant Articles 148-2 (1) and 44 (1) of the Road Traffic Act concerning the facts constituting the crime;

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

1. Reasons for sentencing under Article 62-2 of the Criminal Act on probation and community service order;

1. Whether the sentencing criteria are not applied;

2. On September 25, 2018, a citizen, who suffered a traffic accident due to drinking driving, was placed in a brain-dead state and eventually, a case of loss of life occurred.

Due to this case, our society's awareness about drinking driving has increased, and the following national consensus has been formed.

The driving of a motor vehicle(including a motorcycle) itself carries the risk of a traffic accident.

Accordingly, the law imposes various obligations to prevent traffic accidents and to ensure safe driving on drivers such as motor vehicles.

Driving in drinking condition is an act of increasing the above risk of driving.

Since drinking driving leads to the occurrence of serious damage to human life, the illegality of drinking driving itself is serious.