A defendant shall be punished by imprisonment for one year.

2.Provided, That the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Punishment of the crime

[criminal power] On December 11, 2008, the Defendant issued a summary order of KRW 500,000,000 as a fine for a violation of the Road Traffic Act in Daegu District Court's Support for the Racing of the Daegu District Court, and KRW 4 million as a fine for the same crime on December 2, 2013.

【Criminal Facts】

On June 4, 2020, at around 01:15, the Defendant driven D SP car in the state of alcohol alcohol concentration of about 0.107% from the 1km section to the roads adjacent to the TP station located in the same Gu and located in the south-gu upstream-dong at port to the roads of the CP station located in the same Gu.

Accordingly, the Defendant violated the prohibition of driving under the influence of alcohol not less than twice.

Summary of Evidence

1. The Defendant’s legal statement includes the Defendant’s report on detection of the suspected violation of the Road Traffic Act (driving) and the notification of the results of the control of drinking driving attached to the report on the circumstances of drinking drivers

1. Previous convictions in judgment: Criminal records, reply reports, and application of Acts and subordinate statutes to confirm criminal investigations;

1. Relevant legal provisions and Articles 148-2 (1) and 44 (1) of the Road Traffic Act (not less than twice in case of driving under the influence of alcohol and choice of imprisonment);

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62(1) of the Criminal Act on the Suspension of Execution (Consideration of favorable sentencing factors among “the grounds for two sentences” below)

1. Taking account of the reason for sentencing Article 62-2 of the Criminal Act, the risk of drinking alcohol driving, the history of punishment, etc., the Defendant is subject to criticism.

Provided, That the punishment as ordered shall be determined by comprehensively taking into account the fact that the blood alcohol concentration is not very high, the age, environment, character and conduct of the defendant, the circumstances of the crime, etc.