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 this judgment becomes final and conclusive.

Punishment of the crime

On December 26, 2007, the Defendant was sentenced to a summary order of KRW 1 million for a violation of the Road Traffic Act at the Daegu District Court on December 26, 2007, the summary order of KRW 4 million for a violation of the Road Traffic Act at the Daegu District Court on February 19, 2014, and the summary order of KRW 6 million for a violation of the Road Traffic Act at the Daegu District Court on November 7, 2014.

Although the Defendant had been able to violate the provision prohibiting drunk driving under the Road Traffic Act more than twice, at around 23:20 on March 15, 2019, the Defendant driven B Lone Star car under the influence of alcohol at approximately 0.124% in the section of approximately 200 meters from the Do in front of a restaurant in the middle-gu Do of the Daegu Northern-gu, Daegu to the same Gu Lone Star-1,00 square meters prior to the road of approximately 97-1,00 square meters.

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. The reasons for sentencing under Article 62-2 of the Criminal Act include three times the period of punishment for the defendant for drinking driving, and the social interest in eradicating harm caused by drinking driving is concentrated, but the driving of drinking is unfilledly unfilled, and in light of the fact that the blood alcohol level level at the time of the crime in the judgment, when considering the fact that the blood alcohol level level at the time of the crime in the judgment exceeds the criteria for the revocation of the license, the defendant will choose to imprisonment with prison labor at a severe warning level: Provided, That the execution of the sentence shall be suspended in consideration of the fact that there is no punishment heavier than the imprisonment without prison labor due to drinking driving, and the prevention of recidivism shall be conducted.