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 May 3, 2019, the Defendant received a summary order of KRW 3 million as a crime of violation of the Road Traffic Act (driving) from the Daegu District Court Port Branch on May 3, 2019.

【Criminal Facts】

On November 9, 2019, around 06:35, the Defendant driven D Lasta car in the state of alcohol alcohol concentration of about 0.069% from the 5km section from the north-gu B apartment road at port to the north-gu C road at port at port.

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 Acts and subordinate statutes concerning criminal records and investigation reports (verification of criminal records of the same kind of suspect);

1. Relevant Article of the Act on the Crime and Articles 148-2 (1) and 44 (1) of the Road Traffic Act that choose the penalty for a crime [the choice of imprisonment and the short term recidivism];

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;