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 December 1, 2010, the Defendant was issued a summary order of KRW 1.5 million for the crime of violating the Road Traffic Act at the port branch of the Daegu District Court. On February 1, 2013, the Defendant was issued a summary order of KRW 2 million for the same crime in the same court.

【Criminal Facts】

The defendant is a driver of the vehicle B with low-speed.

On October 15, 2019, around 02:27, the Defendant driven the said vehicle under the influence of alcohol level of 0.139% from the front road of the “D” located in the Northern-gu, Northern-si, North Korea, to the front road of the same Gu, with approximately 700 meters alcohol level of approximately 0.139%.

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 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 concerning criminal records and investigation reports;

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 and the degree of blood alcohol concentration, and the records of past punishment four times as fines due to driving under the influence of alcohol and driving without a license prior to the instant case);

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

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;