A defendant shall be punished by imprisonment for six months.

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

Punishment of the crime

On October 14, 2009, the Defendant received a summary order of KRW 500,000 as a fine for a violation of the Road Traffic Act (driving) from the Seo-gu District Court Branch of the Daegu District Court, and on July 5, 2016, the same court received a summary order of KRW 1 million as a fine for a violation of the Road Traffic Act (driving).

On March 14, 2019, at around 21:45, the Defendant driven a 100cc Austria while under the influence of alcohol leveling 0.086% of alcohol level from approximately 100 meters to the front roads in Daegu-gun B apartment, Daegu-gun, and the front roads in Daegu-gu C.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of crackdown on drinking driving and the statement of the status of drinking drivers;

1. Previous convictions: Application of two copies of written judgments;

1. Articles 148-2(1)1 and 44(1) of the former Road Traffic Act (wholly amended by Act No. 16037, Dec. 24, 2018; and enforced June 25, 2019); the choice of imprisonment for a crime

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

1. The reason for sentencing under Article 62(1) of the Criminal Act, as seen above, needs to be strictly punished for the Defendant in light of the following: (a) even though a criminal record of drunk driving was twice again, repeated driving of the instant case; (b) the risk of drunk driving and the necessity for strengthening the punishment therefrom.

Meanwhile, in full view of the following: (a) the Defendant recognized the Defendant’s mistake and did not repeat the crime while going against it; (b) there are no particular criminal records other than the above previous convictions; (c) economic circumstances are not good (an appeal to the suspension of the execution of imprisonment with prison labor); and (d) driving distance, details of the crime; (b) circumstances after the crime; and (c) the prosecutor’s life sentence (one year of imprisonment with prison labor).