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 May 3, 2018, the Defendant issued a summary order of KRW 3 million for a crime of violation of the Road Traffic Act at the port branch of the Daegu District Court on May 3, 2018. On July 20, 2018, the Defendant issued a summary order of KRW 4 million for the same crime at the same court.

【Criminal Facts】

At around 00:40 on May 18, 2020, the Defendant driven a F Karen car in the state of alcohol alcohol concentration of approximately 0.171% from a section of approximately 150 meters from the front of the C Party in the Northern-gu, Northern-si B to the front of the E frequency in the same Gu.

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. Report on the circumstantial statements of a drinking driver and report on the control of drinking driving;

1. Each photograph;

1. Previous convictions: Application of criminal records and summary order Acts and subordinate statutes;

1. Relevant Article of the Act on the Crime and Articles 148-2 (1) and 44 (1) of the Road Traffic Act [The choice of imprisonment and the degree of blood alcohol concentration shall be taken into account];

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 fact that a fine is imposed on two occasions due to drunk driving and no other criminal records exist);

1. Order to attend lectures under Article 62-2 of the Criminal Act;