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 June 15, 2012, the Defendant was sentenced to a summary order of KRW 6 million due to a violation of the Road Traffic Act (driving) at the port branch of the Daegu District Court on June 15, 2012; on November 1, 2012, the same court issued a summary order of KRW 4 million due to a violation of the Road Traffic Act (driving). On July 9, 2014, the same court was sentenced to a suspended sentence of one year to imprisonment for a violation of the Road Traffic Act (refluence of the measurement).

【Criminal Facts】

On November 17, 2019, around 00:30 on November 17, 2019, the Defendant driven a Category D car under the influence of alcohol 0.106% in the influence of alcohol, from 1037 to 1037, from the roads in front of the Changpo Road to the roads in front of C, and from approximately 2 km to the roads in front.

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: Criminal records, written judgments and application of each summary order Acts and subordinate statutes;

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 driving of alcohol before the instant case, twice the suspension of execution due to driving under the influence of alcohol and driving without obtaining a license, and each of the six times penalties of fines 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 suspension of execution (in addition to the grounds for discretionary mitigation, taking into account that there exists no past record of punishment sentenced to imprisonment or heavier punishment);

1. Probation, order to provide community service and attend lectures under Article 62-2 of the Criminal Act;