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 November 6, 2008, the Defendant was issued a summary order of KRW 2 million as a crime of violation of the Road Traffic Act in the Western Branch of the Daegu District Court on November 6, 2008. On July 13, 2015, the Defendant was issued a summary order of KRW 3.5 million as a crime of violation of the Road Traffic Act in the Seo branch of the Daegu District Court on July 13, 2015.

On May 22, 2020, at around 20:20, the Defendant driven a DM5 vehicle while under the influence of alcohol content of about 0.191% in approximately 200 meters from May 22, 202 to the front road of the cafeteria located in Seo-gu, Seo-gu, Seo-gu, Seoul to the front road of the same Gu.

Accordingly, the defendant, even though he violated Article 44 (1) of the Road Traffic Act at least once, was driving under the influence of alcohol again.

Summary of Evidence

1. Defendant's legal statement;

1. An accident site photograph;

1. A report on the actual state of the driver;

1. Inquiry into the enemy;

1. Registers of driver's licenses;

1. Making a report on the control of drinking driving;

1. Mandatory insurance policies;

1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes to criminal records and investigation reports (verification of criminal records);

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. Suspension of execution under Article 62 (1) of the Criminal Act (see, e.g., Article 62 (1) of the Criminal Act where the defendant acknowledges the crime of this case, and there is no record of punishment heavier

1. Article 62-2 of the Criminal Act to provide community service or attend lectures;