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 of the final judgment.

Punishment of the crime

[Criminal Power] On July 25, 2008, the Defendant was notified of a summary order of KRW 1.5 million for the crime of violating the Road Traffic Act at the Daegu District Court.

【Criminal Facts】

On September 11, 2020, at around 00:25, the Defendant driven a D QM6 car under the influence of alcohol concentration of about 0.161% from the section of approximately 800 meters from the south-gu apartment road near the Nam-gu, Chungcheongnam-gu, Seoul, to the front road of the same Gu C.

Accordingly, the defendant violated the prohibition of drinking driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statement of a drinking driver, investigation report, report on the situation of a drinking driver, report on the status of a drinking-driving, notification on the control of a drinking-driving, and inquiry into the results of the control of a drinking-driving;

1. A previous conviction: A written inquiry result, and the application of Acts and subordinate statutes governing the same criminal records;

1. Considering the fact that the relevant Article of the Act on Criminal Facts, Articles 148-2 (1) and 44 (1) of the Road Traffic Act (the point of sound driving), the imprisonment selection, and blood alcohol concentration high, 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 (in addition to the reasons for discretionary mitigation, consideration shall be given to the fact that there is only the past record on which a fine has been sentenced once due to driving without a license except for the past record in the judgment

1. An order to attend a course is rendered for not less than Article 62-2 of the Criminal Act;