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 17, 2008, the Defendant was issued a summary order of KRW 1.5 million by the Daegu District Court for the crime of violation of the Road Traffic Act.

【Criminal Facts】

On August 15, 2020, around 02:13, the Defendant driven a car with Dben E320-car while under the influence of alcohol concentration of 0.238% at the road of the parking lot in front of the CN clubs in North-gu, Northern-si B.

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

Summary of Evidence

1. A statement of the accused's legal statement and a fact-finding report;

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

1. Each photograph;

1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes concerning criminal records and investigation reports (verification of the same kind of records driving);

1. Relevant provisions of the Act on the Crime and Articles 148-2 (1) and 44 (1) of the Road Traffic Act (the choice of imprisonment with prison labor, the degree of blood alcohol concentration, the occurrence of traffic accidents caused by the operation of this case, and the fact that there has been the history of being punished three times by a fine due to a drunk driving and a unlicensed driving);

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (see, e.g., Supreme Court Decision 201Da1548, Apr. 1, 201);

1. Article 62 (1) of the Criminal Act on the suspended execution (the grounds for discretionary mitigation shall be repeatedly considered);

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