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 two years from the date of the final judgment.

Punishment of the crime

On February 9, 2015, the Defendant received a summary order of KRW 1,50,000 as a fine for a violation of the Road Traffic Act, from the Seogu District Court on February 9, 2015, and on January 19, 2018, the Defendant received a summary order of KRW 2,50,000 as a fine for a violation of the Road Traffic Act from the Daegu District Court on January 19, 2018.

Although the Defendant had been able to violate the provision prohibiting drinking driving under the Road Traffic Act more than twice, at around May 10, 2019, the Defendant driven a Frane car under the influence of alcohol level of about 0.137% in a section of about 500 meters from the Do in front of the cafeteria C cafeteria located in Daegu-gu, Nam-gu, Daegu-gu, Seoul-gu, to the front road of the E-K-gu, Nam-gu, Daegu-gu, Seoul-gu, about 22:30.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the statement of the situation of a drinking driver, a written appraisal of blood alcohol, and a inquiry into the results of the control of 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's same kind of power);

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. In a situation where the social interest in eradicating harmful effects of drinking driving on the reason of sentencing under Article 62-2 of the Criminal Act is concentrated, considering the following factors: (a) the Defendant, who has been punished twice due to drinking driving within the last four years, did not know himself/herself; and (b) the degree of alcohol concentration in blood exceeds the criteria for revocation of a license; (c) the offender is unlikely to repeat a crime; (d) the offender requires a strict warning; and (e) the offender has no record of punishment heavier than imprisonment without prison labor; (e) the offender was diagnosed as the wife cancer; and (e) the Defendant’s age, occupation, and family environment.