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.

Criminal facts

【Criminal Power】 On November 29, 2018, the Defendant was sentenced to a fine of KRW 5 million for a crime of violating the Road Traffic Act (driving) in the Daegu District Court Port Support on November 29, 2018

(1) On May 3, 2020, at around 00:50 on May 3, 2020, the Defendant driven Crocketing car while under the influence of alcohol 0.193% of blood alcohol content at approximately 100 meters at the entrance road B at the port.

Accordingly, the Defendant driven a motor vehicle under the influence of alcohol not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. Report on the occurrence of a traffic accident, photographs of the scene of the accident, mermo of the accident, notification on the results of the drinking driving control, report on the actual condition of a driver, report on the actual condition, and on-site photograph;

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

1. Relevant laws concerning criminal facts, Articles 148-2 (1) and 44 (1) of the Road Traffic Act which choose the penalty, and the choice of imprisonment;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. Probation and lecture attendance order Article 62-2 of the Criminal Act has high blood alcohol concentration on the grounds of sentencing, narrow distance between the first drunk driving and time, but there is no penalty power other than the criminal power in the judgment, and considering the fact that the defendant reflects the mistake, the punishment as ordered shall be determined.