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 September 17, 2012, the Defendant was issued a summary order of KRW 3 million by the Daegu District Court for the crime of violation of the Road Traffic Act.

【Criminal Facts】

On April 9, 2020, at around 02:10, the Defendant driven a DNA motor vehicle with a blood alcohol concentration of about 0.065% in a section of approximately 800 meters from the street in front of a restaurant located in the B of the Gyeonggi-si, Chungcheongnam-si, Busan to the C front of the road.

Accordingly, the Defendant driven a motor vehicle under the influence of alcohol not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the circumstantial statement of a drinking driver, and an investigation report made on the results of crackdown on drinking driving (specific driving distance);

1. Previous for judgment: Application of Acts and subordinate statutes to criminal history records, inquiry reports (compact of summary orders for sound driving, and request for submission of trial proceedings);

1. Relevant Articles 148-2 (1) and 44 (1) of the Road Traffic Act, the choice of punishment for the crime, and the 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;

1. The reason for sentencing of Article 62-2 of the Criminal Act on probation and order to attend a lecture is high possibility of criticism by driving under drinking again even though the defendant had a record of punishment for drinking driving.

However, considering the fact that one's mistake is recognized and reflected, the fact that the drinking water of this case is not so high, and other circumstances shown in the records, such as the defendant's age, character and behavior, environment, and circumstances after the crime, the punishment as ordered shall be determined.