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 March 14, 2008, the Defendant was sentenced to a summary order of KRW 2 million for a crime of violation of the Road Traffic Act at the Daegu District Court on March 14, 2008, and a summary order of KRW 2 million for a crime of violation of the Road Traffic Act at the Daegu District Court on March 17, 2015.

Although the Defendant had been able to violate the provision prohibiting drinking driving under the Road Traffic Act more than twice, at around 22:40 on March 13, 2019, the Defendant driven a DNA car under the influence of alcohol with a blood alcohol concentration of 0.074% from the front side of the packing end in the Daegu North-gu B market to the front side of the same Gu C at approximately 500 meters from March 13, 2019.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statement of a drinking driver, and inquiry into the results of crackdown on drinking driving;

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 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. For the reason of sentencing under Article 62-2 of the Criminal Act, since the defendant's records of punishment for drunk driving are three times or more and the risk of recidivism is likely to occur in that he/she conducts drinking driving again, he/she shall choose a imprisonment with prison labor as he/she requires a strict warning. However, the execution of imprisonment with prison labor shall be suspended in consideration of the defendant's age, occupation and social relation, etc., the number of alcohol concentration in blood falls short of the criteria for revocation of license; the execution of imprisonment with prison labor shall be suspended in consideration of the defendant's age, occupation and social relation, etc. for the prevention of recidivism;

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