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 25, 2016, the Defendant received a summary order of KRW 1.5 million as a crime of violating the Road Traffic Act (driving) from the Daegu District Court Port Branch on November 25, 2016.

【Criminal Facts】

On December 10, 2019, at around 02:35, the Defendant driven a fa-purd motor vehicle under the influence of alcohol leveling 0.082% of blood alcohol level at approximately 5km from the front road in the north-gu, Mapo-si, Mapo-si, Mapo-si to the front road in the north-gu, Mapo-si, Mapo-si.

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 records: Application of Acts and subordinate statutes concerning criminal records and investigation reports (verification of criminal records of the same kind of suspect);

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 suspended execution (in addition to the grounds for discretionary mitigation, taking into account the fact that a fine for a drunk driving has been sentenced once and that there is no other criminal records;

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