A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

[criminal power] On September 5, 2007, the Defendant was issued a summary order of KRW 3 million for a crime of violating the Road Traffic Act (Refusal of measurement) at the Daegu District Court racing support, a summary order of KRW 4 million for a fine of KRW 2 million for the same crime of violating the Road Traffic Act (driving) from June 20, 2016, and a summary order of KRW 5 million for the same crime from the same support on August 17, 2017 to the same crime, respectively.

[Criminal facts] On September 16, 2019, at around 16:57, the Defendant driven a DNA cargo vehicle under the influence of alcohol concentration of about 0.079% from around 300 meters away from the front of the paddy field owned by the Defendant, which was owned by the Defendant on September 16, 2019 to the front of the racing-si.

As a result, the defendant was a person with the power of violating the Road Traffic Act prohibiting driving under the influence of alcohol again, and driving a motor vehicle under the influence of alcohol in violation of the above prohibition provision.

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 records of judgment: Criminal records, reply reports, and application of Acts and subordinate statutes to investigation reports (verification of the same kind of power);

1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1) and 44 (1) of the Road Traffic Act which choose the penalty;

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

1. Article 62 (1) of the Criminal Act;

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