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 December 1, 2006, the Defendant issued a summary order of KRW 1.5 million for a crime of violation of the Road Traffic Act at the port branch of the Daegu District Court on December 1, 2006. On October 31, 2014, the Defendant issued a summary order of KRW 3 million for the same crime at the same court.

【Criminal Facts】

On October 25, 2020, at around 06:00, the Defendant driven Cchier car under the influence of alcohol 0.123% of blood alcohol concentration at approximately 5.5km from the front of a restaurant located in the north-gu, Mapo-dong to the underground parking lot of the same city.

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

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 convictions: Application of Acts and subordinate statutes concerning criminal records and investigation reports (verification of criminal records of the same kind of suspect);

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 with prison labor, the degree of blood alcohol concentration, and the records of being punished three times as fines for driving under the influence of alcohol prior to the instant case shall be taken into account);

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 absence of any history of punishment heavier than that of imprisonment with labor);

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