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 September 1, 2006, the Defendant received a summary order of KRW 2.5 million for a crime of violation of the Road Traffic Act from the Daegu District Court Port Support on September 1, 2006, and a summary order of KRW 3 million for the same crime in the same court on June 20, 2014.

【Criminal Facts】

On October 31, 2019, at around 02:25, the Defendant driven a BMW car from approximately 300 meters away from the road near the Bank of Korea located in the north-gu dead-dong at the port at one time to the open intersection in the same Dong, while under the influence of alcohol by 0.170% of blood alcohol level.

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

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. The actual condition survey report;

1. Report on the result of crackdown on drinking driving and on the circumstantial statement of a drinking driver;

1. Each photograph;

1. Previous convictions in judgment: Application of criminal records and summary order Acts and subordinate statutes;

1. Relevant provisions of the Act on the Crime and Articles 148-2 (1) and 44 (1) of the Road Traffic Act (the choice of imprisonment, the degree of blood alcohol, the degree of traffic accident caused by the operation of this case, and the fact that there was the history of five times punishment by fines due to driving under influence and driving without a license);

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation (see, e.g., Supreme Court Decision 201Da1548, Apr. 1, 20

1. Article 62 (1) of the Criminal Act on the stay of execution (in addition to the grounds for discretionary mitigation, consideration shall be given to the absence of any record of punishment heavier than that of the suspended execution);

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