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

The Defendant received a summary order of a fine of two million won on March 5, 2009 and a summary order of three million won on May 1, 2013 from the Daegu District Court.

On April 19, 2019, at around 03:19, the Defendant driven approximately 100 meters from D in front of the F Hospital located in Busan gun to E while under the influence of alcohol of 0.185% of blood alcohol level.

Accordingly, the defendant, who violated the prohibition of drinking driving 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 state of drinking drivers, and inquiry into the results of the control of drinking driving;

1. Previous records of judgment: Application of criminal records, references to criminal records, amounts of dispositions, results of confirmation, and Acts and subordinate statutes;

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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

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

1. In light of the fact that the defendant, who has been engaged in the same kind of punishment within the last ten years, has a concentrated social interest in eradicating harmful effects of drinking driving, even though the reason for sentencing under Article 62-2 of the Probation Criminal Act is concentrating on the social interest in eradicating the harmful effects of drinking driving, he/she shall select imprisonment with prison labor at a severe warning level in light of the risk of recidivism in light of the fact that the volume of blood alcohol level exceeds the criteria for revoking the license: Provided, That the execution of the sentence shall be postponed in consideration of the fact that there is no punishment of imprisonment without prison labor or heavier, circumstances such as the defendant's age and occupation, etc., and the efficient management and supervision of the probation officer is required to prevent recidivism;

b. It is so decided as per Disposition for more than one reason.