A defendant shall be punished by imprisonment for one year.

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

[criminal power] On May 2, 2016, the Defendant was notified of a summary order of a fine of KRW 3 million for the crime of violating the Road Traffic Act (driving) at the port branch of the Daegu District Court.

【Criminal Facts】

On December 18, 2019, at around 23:55, the Defendant driven a F C200 K vehicle under the influence of alcohol concentration of about 0.155% at a section of about 200 meters from the front of the Cusb in South-gu, Chungcheongnam-si, Seoul, to the front of the E in the same Gu, and violated Article 44(1) of the Road Traffic Act at least twice.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the statement of the state of a drinking driver, report on the control of drinking driving, and inquiry into the results of the control of drinking driving;

1. On-site reports (related to field photographs), investigation reports (on-site reports on the status of the driver);

1. Previous offense: A report on investigation, and the application of Acts and subordinate statutes as a result of inquiry;

1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1) and 44 (1) of the Road Traffic Act (in view of the fact that the number of imprisonment and the blood alcohol concentration is high, the choice of imprisonment and the blood alcohol concentration is high);

1. Article 53 and Article 55(1)3 of the Criminal Act for discretionary mitigation (i.e., the fact that a traffic accident has not been caused due to the instant driving, etc.);

1. Article 62 (1) of the Criminal Act (in addition to the grounds for discretionary mitigation, consideration shall be given to the absence of any history of punishment heavier than that of the suspension of execution);

1. An order to attend a course is rendered for not less than Article 62-2 of the Criminal Act;