A defendant shall be punished by imprisonment for one year.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Punishment of the crime

On June 3, 2020, the Defendant was issued a summary order of a fine of three million won for a crime of violating the Road Traffic Act (drinking driving) at the port branch of the Daegu District Court.

On October 25, 2020, the Defendant: (a) driven a FK5 car while under influence of alcohol at 0.122% in alcohol level from the front of the point of C located in North-gu, Northern-si, Northern-si; (b) around 00:40 on October 25, 2020 to the front of the road of E located in the same Gu D; and (c) violated the provision on prohibition of drinking at least twice.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

1. Previous convictions in judgment: Application of written inquiries about criminal history and other Acts and subordinate statutes;

1. Relevant legal provisions and Articles 148-2(1) and 44(1) of the former Road Traffic Act (amended by Act No. 17371 of Jun. 9, 2020) on criminal facts

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. The Defendant’s age, career, and history of criminal punishment were considered in light of the fact that the Defendant committed a second offense on the short term of sentencing under Article 62(1) of the Criminal Act.