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

On December 31, 2010, the Defendant received a summary order of KRW 4 million from the Daegu District Court due to a violation of the Road Traffic Act.

On July 22, 2019, at around 22:25, the Defendant driven a D L-Wing car in the state of alcohol alcohol concentration of about 0.098% at the 3km section from the front of the restaurant in which the trade name in the Seogu-gu, Daegu is unknown, Seo-gu to the front of the C University in North-gu, Seoul.

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 state of drinking drivers, and inquiry into the results of the control of drinking driving;

1. Previous records of judgment: Criminal records, replys to criminal records, application of Acts and subordinate statutes to report criminal investigation by the prosecution (Attachment to the same type of judgment);

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 reason for sentencing under Article 62-2 of the Criminal Act on probation and order to attend a school has been four times or more including a suspended sentence due to drinking driving since 2001, and the defendant has a history of probation and order to attend a school. However, the execution of a sentence should be postponed by taking into account the following factors: (a) the enforcement of the current Road Traffic Act, which greatly strengthened the control standards and statutory punishment following the implementation of the current Road Traffic Act; and (b) the degree of blood alcohol concentration exceeds the revocation standards; and (c) the risk of recidivism is unlikely to occur, and the punishment should be imposed by taking into account the following factors: (a) the execution of a sentence should be deferred by taking into account the fact that the mother is suffering from cerebriform, in-depth diseases; (b) the defendant's age and family relationship; (c) the strict control and supervision of the probation officer of the prior probation to prevent recidivism; and (d) the education of safety and defense driving.