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 September 1, 2008, the Defendant was issued a summary order of KRW 700,000,000 as a fine for a violation of the Road Traffic Act at the port support of the Daegu District Court, and a summary order of KRW 1 million as a fine in the same court on March 15, 2010, respectively.

【Criminal Facts】

On June 27, 2020, at around 07:04, the Defendant driven a DNA car with a blood alcohol concentration of 0.164% (blood collection) in the section of about 2 km from the north-gu, Mapo-si, Mapo-si to the front road of the same Gu C, while under the influence of alcohol.

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

Summary of Evidence

1. Defendant's legal statement;

1. Report on internal investigation, report on the circumstantial statement of a drinking driver, report on the control of drinking driving, and written appraisal of blood alcohol;

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 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 suspension of execution (in addition to the grounds for discretionary mitigation, taking into account that there exists no past record of punishment sentenced to imprisonment or heavier punishment);

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