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 16, 2007, the Defendant was issued a summary order of KRW 1 million for the crime of violating the Road Traffic Act in the Daegu District Court’s port branch on November 16, 2007. On January 15, 2013, the same court issued a summary order of KRW 1 million for the same crime. On November 30, 2015, the Defendant was issued a summary order of KRW 5 million for the same crime.

【Criminal Facts】

On March 22, 2020, the Defendant driven Csch Rexroth car under the influence of alcohol at approximately 0.126% of alcohol concentration on the 1km section from the front of the frequency in the trade imbalance located in the south-gu Songdo-dong-dong, Chungcheongnam-gu to the front road of the same city north-gu B at the same time.

Accordingly, the Defendant violated the prohibition of driving under the influence of alcohol not less 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 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 and the degree of blood alcohol concentration, and the records of punishment four times as fines for driving under the influence of alcohol and driving without a license prior to 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 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;