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 November 2, 2009, the Defendant was issued a summary order of KRW 1 million for a crime of violating the Road Traffic Act at the port branch of the Daegu District Court on November 2, 2009. On January 22, 2014, the Defendant was issued a summary order of KRW 2 million for the same crime at the same court.

【Criminal Facts】

On June 5, 2020, the Defendant driven a D low-speed car under the influence of alcohol with approximately 0.187% alcohol concentration from the alley to the front road in the same Gu from the alley to the alley road located in the same Gu, following the other Dong office located in the south-gu upstream-dong at the port on June 21, 2020.

Accordingly, the defendant violated Article 44 (1) or (2) of the Road Traffic Act not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of a drinking driver, and the written appraisal of blood alcohol;

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

1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1) and 44 (1) of the Road Traffic Act (the choice of imprisonment and the degree of blood alcohol concentration, and the record of punishment three times as fines for driving under the influence of alcohol and driving without a license prior to the instant case) that have been imposed on the criminal facts;

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 (In addition to the grounds for discretionary mitigation, consideration shall be given to the absence of any record of punishment sentenced to imprisonment or heavier punishment);

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