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 November 25, 2015, the Defendant received a summary order of KRW 3 million as a crime of violating the Road Traffic Act (driving) from the Daegu District Court Port Branch on November 25, 2015

【Criminal Facts】

On November 1, 2019, at around 00:45, the Defendant driven an EXE car from around 300 meters away from the front side of the restaurant located in the north-gu, Pohang-si, and from around 00 meters to the roads adjacent to the same Gu, while under the influence of alcohol of 0.082% of alcohol level.

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

1. Relevant Article of the Act on the Crime and Articles 148-2 (1) and 44 (1) of the Road Traffic Act [The choice of imprisonment and the degree of blood alcohol concentration 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 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;