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 January 15, 2010, the Defendant was issued a summary order of KRW 1 million as a crime of violation of the Road Traffic Act at the port branch of the Daegu District Court.

【Criminal Facts】

At around 04:30 on August 16, 2019, the Defendant driven a D bargaining car under the influence of alcohol leveling 0.19% of blood alcohol level from the front of the Northern-gu B at the port to the front of the Gu C apartment.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the result of crackdown on drinking driving and on the circumstantial statement of a drinking driver;

1. Previous convictions: Application of Acts and subordinate statutes concerning criminal records;

1. Relevant Article of the Act on the Crime and Articles 148-2 (1) and 44 (1) of the Road Traffic Act [The choice of imprisonment and the degree of blood alcohol concentration shall be taken into account];

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 suspended execution (in addition to the grounds for discretionary mitigation, consideration shall be given to the fact that a person has no other criminal records, other than a fine sentenced once due to a drunk driving);

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