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 March 2, 2009, the Defendant was issued a summary order of KRW 700,000,000 as a crime of violation of the Road Traffic Act at the port branch of the Daegu District Court on March 2, 2009, and a summary order of KRW 1.5 million as a fine in the same court on June 27, 2016, respectively.

【Criminal Facts】

On July 25, 2020, at around 01:20, the Defendant driven a Cromatic car in the state of alcohol alcohol concentration of about 3.5 km from the road near the Crosan-dong in the north-dong at the port to the front road of the same Gu, at approximately 3.5 km.

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

Summary of Evidence

1. Defendant's legal statement;

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

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 suspended execution (in addition to the grounds for discretionary mitigation, taking into account the fact that two times of a fine for a drunk driving and the fact that there is no criminal records other than those

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