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

On April 29, 2009, the Defendant issued a summary order of KRW 1,50,000,000 as a fine for a violation of the Road Traffic Act, at the Seogu District Court Branch Branch of the Daegu District Court, and on June 17, 2010, issued a summary order of KRW 1,50,000 as a fine for the same crime by the same court.

On November 4, 2019, around 14:00, the Defendant driven a DNA-free car with a blood alcohol concentration of about 0.079% in the section from around 2.4km to the front road of Daegu Northern-gu, Seoul-gu.

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 circumstantial statements of a drinking driver and report on the control of drinking driving;

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

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 defendant of the reason for sentencing under Article 62-2 of the Criminal Act, even though he had already been punished by a fine due to the crime of drinking alcohol driving, and again repeated the drinking driving, thereby choosing imprisonment.

However, the execution of the sentence shall be suspended in consideration of the fact that there is no past record of punishment of imprisonment without prison labor or more, and the health is not good, but the order to attend the law shall be imposed to prevent recidivism and it shall be decided as ordered by the order.