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 July 15, 2009, the Defendant was issued a summary order of KRW 700,000 as a crime of violation of the Road Traffic Act at the port branch of the Daegu District Court. On September 15, 2010, the Defendant was issued a summary order of KRW 1,50,000 as a fine for the same crime at the same court.

【Criminal Facts】

At around 20:50 on July 2, 2019, the Defendant driven a rocketing car in the state of alcohol alcohol concentration of about 0.177% from the 300-meter section from the Southern-gu B apartment road to the front road of the C building.

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

Summary of Evidence

1. Defendant's legal statement;

1. Report on the result of crackdown on drinking driving and on the circumstantial statement of a drinking driver;

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. Suspension of execution under Article 62 (1) of the Criminal Act (Article 62 (1) of the Criminal Act (Reasons for discretionary mitigation and the fact that there is no other criminal records, such as the two-time driving before

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