1. The defendant shall be punished by imprisonment for one year;

2.Provided, That the above sentence shall be executed for a period of two years from the date this judgment becomes final and conclusive.

Punishment of the crime

[criminal power] On September 17, 2012, the Defendant was issued a summary order of KRW 1 million as a fine for a violation of the Road Traffic Act at the Daegu District Court racing support, and on June 20, 2019, a fine of KRW 2 million was issued from the above support to the same crime.

【Criminal Facts】

On February 11, 2020, at around 06:30, the Defendant driven a C low-speed car with approximately 3.5km alcohol concentration of about 0.045% while under the influence of alcohol from around 06:30 to the front road of 378 in Korean won at the same time.

Accordingly, the defendant, who violated the Road Traffic Act prohibiting driving under the influence of alcohol, was driving a motor vehicle under the influence of alcohol in violation of the Road Traffic Act.

Summary of Evidence

1. Defendant's legal statement;

1. Report on circumstantial statements of a drinking driver, and notification of the result of crackdown on drinking driving;

1. Previous convictions indicated in judgment: Application of criminal records, repeated statements, investigation reports, and Acts and subordinate statutes;

1. Relevant legal provisions and Articles 148-2 (1) and 44 (1) of the Road Traffic Act (not less than twice in case of driving under the influence of alcohol and choice of imprisonment);

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act on the suspension of execution (Considering that the weight of blood alcohol level is not high as a full-time driving);

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