A defendant shall be punished by imprisonment for one year.

except that 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 September 17, 2010, the Defendant was subject to a summary order of KRW 700,000 as a fine for a violation of the Road Traffic Act (driving) by the Daegu District Court. On August 21, 2019, the Defendant driven B cab while under the influence of alcohol at approximately 0.066% of alcohol level from the 1km section to the front road of the sanitary treatment plant located in the Seogu Scattering-dong, Seogu, Seogu Scattering-dong (Seoul Metropolitan Government) around August 7, 2019.

Accordingly, the defendant violated the Road Traffic Act more than twice due to drinking driving.

Summary of Evidence

1. Defendant's legal statement;

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

1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes to criminal records, investigation reports, etc.;

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 (see, e., Supreme Court Decisions 201Do114, Feb. 1