A defendant shall be punished by imprisonment for not less than eight months.

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

Punishment of the crime

On July 26, 2006, the Defendant received a summary order of KRW 3 million from the Daegu District Court to a fine of KRW 5 million due to a violation of the Road Traffic Act (driving) and a summary order of KRW 2 million from the Daegu District Court to a fine of KRW 5 million due to a violation of the Road Traffic Act (driving).

Despite the fact that the Defendant had been punished twice or more due to drinking driving, on March 2, 2019, at around 18:10, the Defendant driven a Franchis vehicle under the influence of alcohol content of about 0.121% while under the influence of alcohol at approximately 1.7 km from the front of the “C” located in Daegu Suwon-gu B to the front of the “E” located in the same Gu.

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 history records, prosecutorial investigation reports, and copies of each summary order shall be applied;

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. Although the social demand for eradicating harmful effects of drinking driving under Article 62-2 of the Criminal Act is high, the probation and the order to attend the course of probation and the order to attend the course of driving under the influence of alcohol has been uncompacted with the appearance of reflective light, such as the defendant's blood alcohol concentration far above the criteria for revocation of license, and the defendant's refusal to affix his seal after the detection of traffic accidents, and the previous history of punishment for drinking driving has been four times or more, the crime's nature is not somewhat weak and its character and behavior is poor, and so a strict warning is required: Provided, That the execution of the sentence is suspended in consideration of the absence of the previous imprisonment without prison labor or heavier punishment, and it seems that the efficient management and supervision of the probation officer and the systematic compliance education is necessary to prevent recidivism.