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 October 5, 2012, the Defendant was sentenced to a fine of KRW 4 million as a crime of violating the Road Traffic Act (driving) in the Ponding Branch of the Daegu District Court.

【Criminal Facts】

On January 8, 2020, around 05:41, 2020, the Defendant was under the influence of alcohol 0.087% in a section of approximately 200 meters of alcohol level from the front of the main point where it is impossible to identify the trade name in North-gu B at the port of port to the front of the D cafeteria located in the same city, Nam-gu, Seoul.

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 criminal records and investigation reports (Attachment of criminal records of a suspect) and other Acts and subordinate statutes;

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 one fine due to drunk driving was sentenced once and that there is no other criminal records;

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