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

On January 31, 2018, the defendant was issued a summary order of fine of three million won by the Incheon District Court for a crime of violation of the Road Traffic Act.

Criminal facts

On July 26, 2019, at around 00:53, the Defendant driven a DNA cargo vehicle from about 1 km to the frontway located in Daegu-gun, Seowon-gu, Daegu-gun, to 0.071% alcohol level, while under the influence of alcohol.

Summary of Evidence

1. Defendant's legal statement;

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

1. Investigation report (Calculation of blood alcohol concentration);

1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes concerning criminal records and investigation reports (Attachment of summary orders);

1. Relevant provisions of Article 148-2 (1) and Article 44 (1) of the Road Traffic Act, the choice of imprisonment for a crime, or the choice of imprisonment;

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

1. Suspension of execution under Article 62 (1) of the Criminal Act (see, e.g., Article 62 (1) of the Criminal Act that the defendant recognized the crime of this case and is expected not to repeat again

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