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 August 31, 2017, the Defendant received a summary order of KRW 1,50,000 from the Daegu District Court to a fine for a violation of the Road Traffic Act.

【Criminal Facts】

On December 5, 2019, the Defendant driven a e-benz car from the front side of the cafeteria, which is located in the south-gu Seoul metropolitan city, at the port to the front side of D apartment, in a state of alcohol of 0.042% of blood alcohol level around 21:00.

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 convictions: Application of criminal records and summary order Acts and subordinate statutes;

1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1) and 44 (1) of the Road Traffic Act (the choice of imprisonment. Taking into account the fact that there exists the past record of being punished three times by a fine due to a drunk driving before the instant case);

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 (in addition to the grounds for discretionary mitigation, consideration shall be given to the fact that there exists no record of punishment for a sentence of imprisonment with prison labor imposed upon him/her);

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