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

On November 7, 2006, the Defendant was notified of a summary order of a fine of one million won by committing a violation of the Road Traffic Act at the Daegu District Court on November 7, 2006, and on March 27, 2012, the Defendant was notified of a summary order of a fine of one million won by the same court.

Although the Defendant violated Article 44(1) of the Road Traffic Act more than twice, on March 11, 2019, while under the influence of alcohol level 0.081% at around 23:30 on March 11, 2019, the Defendant driven DK7 vehicle at a section of approximately 100 meters from the road front of the Daegu Northern-gu B apartment at around the same time as that of the former C apartment.

Summary of Evidence

1. Defendant's legal statement;

1. Details of management and inquiry of the circumstantial statements of the drinking driver, and the written report on taking place; and

1. Previous records of judgment: Criminal history records, references to prosecution investigation reports (applicable to the previous suspect and whether they fall under Article 148-2 (1) 1 of the Road Traffic Act);

1. Relevant Article of the Act on Criminal facts and Articles 148-2 (1) 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. Probation and lecture order under Article 62-2 of the Criminal Act requires the society to eradicate harmful effects caused by drinking alcohol driving on the grounds of sentencing and lecture order under Article 62-2 of the Act; however, in light of the fact that the sentence is suspended in consideration of the fact that there is no previous imprisonment without prison labor or heavier punishment and the fact that the record of punishment for drinking alcohol driving is two times, etc., the execution of sentence shall be suspended, and an order to attend the probation and compliance driving lecture shall be imposed to prevent recidivism;

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