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 March 17, 2008, the Defendant was issued a summary order of KRW 1,50,000,000 as a crime of violation of the Road Traffic Act, at the port branch of the Daegu District Court.

【Criminal Facts】

The defendant is a driver of B gallon-car.

On July 3, 2020, the Defendant driven the said vehicle under the influence of alcohol level of 0.140% from the front road of the “D” located in Southern-gu C at port on July 3, 2020 to the front road of the same Gu E.

Accordingly, the defendant violated Article 44 (1) of the Road Traffic Act not less 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 indicated in judgment: Application of Acts and subordinate statutes concerning criminal records and investigation reports;

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, the degree of imprisonment with prison labor, the degree of imprisonment with prison labor once a sentence due to drunk driving or unlicensed driving prior to the instant case, and the degree of five times a fine has been punished for five times

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 record of punishment for a suspended sentence or more since 2003);

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