A defendant shall be punished by imprisonment for not less than one year and six months.

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Punishment of the crime

[criminal power] On May 15, 2013, the Defendant was issued a summary order of KRW 3 million by a fine of KRW 7 million by the same court on November 18, 2013 at the port branch of the Daegu District Court on the same day. On September 28, 2016, the Defendant was sentenced to a suspended sentence of KRW 6 months by imprisonment for the same crime.

【Criminal Facts】

The Defendant is a driver B.

At around 20:40 on June 6, 2020, the Defendant driven the above vehicle under the influence of alcohol of about 0.136% in the 4km section from the front line of the trade influence in North-gu C at port to the front road in the same Gu E 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. Report on the circumstantial statement of a drinking driver, report on the results of crackdown on drinking driving, and inquiry into the results of crackdown on drinking driving (four copies);

1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes to criminal records, references to criminal records, investigation reports (same-class criminal records), previous records of dispositions, results of confirmation, and reporting of results;

1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1) and 44 (1) of the Road Traffic Act (the selection of imprisonment, the high blood alcohol concentration, the fact that the record of drinking driving has already been three times or more, and the fact that there exists a power of probation during the period of suspension of execution, etc.);

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act ( Taking into account the fact that an error is against one another, and the fact that an accident does not occur due to one in this case’s driving);

1. Article 62 (1) of the Criminal Act (Discretionary Reasons for Discretionary Mitigation);

1. It is so decided as per Disposition on the grounds of Article 62-2 of the Criminal Act or more of community service and lecture attendance order;