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 history] On January 19, 2017, the Defendant was issued a summary order of KRW 2 million as a crime of violating the Road Traffic Act (dacting driving) at the port branch of the Daegu District Court.

[Criminal facts] On October 14, 2020, the Defendant driven a DNA halog car while under the influence of alcohol concentration of about 0.051% from around 100 meters to around 3:30 on the roads north-gu, Northern-si, Northern-si, Seoul, to the roads in front of the same Gu C.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver who is placed in driving, investigation report, notification of the results of crackdown on the driving of drinking, and inquiry into the results of crackdown on the driving of drinking;

1. Previous conviction: Application of a written reply to inquiry, such as criminal history, (A) a report on investigation (verification of the same record as the suspect), a summary order of approximately 6872 high resistance assistance 2016 high resistance, and a written decision of non-prosecution (No. 1889) by the branch office of each port in 2016 shall be made;

1. Relevant legal provisions concerning facts constituting an offense, Articles 148-2(1) and 44(1) of the Road Traffic Act (the point of driving alcohol), and the choice of imprisonment (the fact that not only has the history of driving alcohol but also has a history of being sentenced to suspension of indictment once, etc.)

1. Article 53 and Article 55(1)3 of the Criminal Act to mitigate the amount of a small-scale driver's license (i.e., reflects the wrong, the driving volume of the driver's license is relatively low, and the driving of the drinking in this case does not cause any traffic accident due to the driving of the drinking in this case);

1. Article 62(1) of the Criminal Act on the suspension of execution (in addition to the grounds for reduction of the above amount, considering that the defendant only has been punished as the record of the judgment, etc.);

1. It is decided as per the Disposition on the grounds of Article 62-2 or more of the Criminal Act;