The punishment of the accused shall be determined by a year of imprisonment.

However, the above sentence shall be executed for a period of two years from the date this judgment becomes final and conclusive.

Punishment of the crime

[Power of crime] On December 24, 2013, the Defendant was notified of a summary order of KRW 1 million as a crime of violating the Road Traffic Act (dacting driving) at the port branch of the Daegu District Court.

[Criminal facts] On September 2, 2020, the Defendant driven a D G80 vehicle while under the influence of alcohol leveling 0.036% in the 1km section from the south-gu Babel road to the front road of the same Gu, Nam-gu, Seoul, at the port of port on September 2, 2020.

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

Summary of Evidence

1. Statement by the defendant in court;

1. A report on actual condition of the police statements made to E;

1. Report on the circumstances of a driver who is placed in driving and notification of the results of regulating drinking driving;

1. Written estimate;

1. Each photograph;

1. Previous convictions in judgment: Inquiry about criminal history and application of the Acts and subordinate statutes of investigation report (the same type of crime record);

1. Relevant Articles 148-2 (1) and 44 (1) of the Road Traffic Act concerning facts constituting an offense and Articles 148-2 (1) of the same Act as to the selective punishment [the choice of imprisonment, taking into account the occurrence of traffic accidents caused by the driving of this case];

1. Articles 53 and 55 (1) 3 of the Criminal Act for the Reduction of Small Quantity [i] Articles 53 and 55 (1) 3 of the Criminal Act (see, e.g., Supreme Court Decision 2009Da1548, May 1, 200

1. Article 62 (1) of the Criminal Act on the Suspension of Execution (In addition to the grounds for mitigation of the above amount, taking into account the fact that a fine for one time due to a drinking driving has not been record of crimes and other criminal records);

1. An order to attend a course under Article 62-2 of the Criminal Act;