The punishment of the accused shall be determined by a year of imprisonment.

However, the above sentence shall be executed for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

[criminal power] On February 1, 2007, the Defendant was issued a summary order of KRW 1.5 million for a crime of violation of the Road Traffic Act at the port branch of the Daegu District Court on February 1, 2007, and a summary order of KRW 2.5 million for the same crime at the same court on July 15, 2009.

【Criminal Facts】

On September 21, 2020, the Defendant driven an E rocketing car in the state of alcohol with approximately 7km alcohol concentration of about 0.157% from the 7km section from the south-gu B Hospital near the port of port to the Daehan road in the north-gu at the port of port.

Accordingly, the defendant violated the prohibition of drinking driving more than twice.

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 convictions indicated in judgment: Application of Acts and subordinate statutes concerning criminal records and investigation reports (verification of the same kind of records driving);

1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1) and 44 (1) of the Road Traffic Act (the choice of imprisonment, the degree of blood alcohol concentration, the suspension of execution once due to drunk driving and unlicensed driving before the instant case, and the suspension of punishment for four times fines) that have been imposed on the criminal facts;

1. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation (see, e.g., Supreme Court Decision 201Da1548, Apr. 1, 201);

1. Article 62 (1) of the Criminal Act on the suspension of execution (in addition to the grounds for discretionary mitigation, taking into account that there exists no past record of punishment sentenced to imprisonment or heavier punishment);

1. Order to attend lectures under Article 62-2 of the Criminal Act;