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 9, 2015, the Defendant was issued a summary order of KRW 3 million for a crime of violation of the Road Traffic Act at the port support of the Daegu District Court, and a summary order of KRW 3 million for the same crime at the same court on December 31, 2018, respectively.

【Criminal Facts】

The defendant is the driver of the B franchise and XG car.

On September 15, 2019, at around 22:40, the Defendant driven the said vehicle under the influence of alcohol level of 0.157% from a 700-meter section from the front of the Daegu Southern-gu apartment site to the front of the military unit E unit located in the same Gu.

Accordingly, the defendant violated Article 44 (1) of the Road Traffic Act not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition survey report;

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

1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes to criminal records and investigation reports (reports accompanied by summary orders of punishment records of the same kind of crime);

1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1) and 44 (1) of the Road Traffic Act (the choice of imprisonment, the degree of blood alcohol, and the degree of traffic accidents caused by the instant driving, taking into account that there were records of being punished four times as fines for drunk driving and unlicensed driving prior to the instant case);

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation (see, e.g., Supreme Court Decision 201Da1548, Apr. 1, 20

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

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