A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above punishment shall be suspended for one year from the date of the final judgment.

Punishment of the crime

The Defendant was notified of a summary order of KRW 1 million in the Daegu District Court on August 20, 2008, and a summary order of KRW 4 million in the fine for the same crime on January 30, 2015, respectively.

On February 25, 2019, at around 23:51, the Defendant driven an Eunststun vehicle under the influence of alcohol concentration of about 0.092% from the Do before the main point of “C” located in Daegu Suwon-gu B to the front road of “D” at approximately 100 meters.

Accordingly, the Defendant, who violated the prohibition of driving under the influence of alcohol not less than twice, was driving again under the influence of alcohol.

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 ( February 26, 2019);

1. Previous records of judgment: Criminal records, replys to criminal records, application of Acts and subordinate statutes to prosecution investigation reports (verification of suspect-like records);

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. Probation and order to attend the course of sentencing under Article 62-2 of the Criminal Act two times or more that the defendant has been punished for drinking driving, and the risk of recidivism is likely to occur in that he/she conducts drinking driving again, so his/her imprisonment is selected as requiring a strict warning; however, the execution of imprisonment is suspended in consideration of the defendant's age and occupation, etc.; however, the execution of imprisonment is required for the efficient management and supervision of the probation officer and the systematic education of compliance driving to prevent recidivism; it is deemed that probation and compliance driving are necessary to impose an order to attend the course on him/her;

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