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 February 1, 2007, the Defendant was issued a summary order of KRW 1 million for a crime of violation of the Road Traffic Act in the Daegu District Court’s Port Support, and a summary order of KRW 2.5 million for the same crime at the Gwangju District Court on August 27, 2010, respectively.

【Criminal Facts】

At around 13:53 on October 27, 2019, the Defendant driven a DNA rocketing car with the blood alcohol concentration of about 0.065% in the section of about 10km from the front of the restaurant where it is impossible to know the trade name in the north-gu Seongbukdong at the port to the Nam-gu B apartment Cdong parking lot at port.

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 provisions of the Act on Criminal facts and Articles 148-2 (1) and 44 (1) of the Road Traffic Act referring to the choice of imprisonment or imprisonment. In light of the fact that prior to the instant case, the person has been punished four times by a fine due to driving under the influence of alcohol or without a license);

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 fact that there exists no record of punishment for a sentence of imprisonment with prison labor imposed upon him/her);

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