A defendant shall be punished by imprisonment for one year.

However, the above sentence shall be executed for one year and six months from the date this judgment becomes final and conclusive.

Criminal facts

【Criminal Power】 On September 1, 2017, the Defendant was sentenced to a fine of KRW 3 million as a crime of violating the Road Traffic Act (driving) at the port support of the Daegu District Court.

【Criminal Administration” around July 21, 2020, the Defendant driven the E-5 vehicle while under the influence of alcohol with approximately 500 meters alcohol concentration of about 0.042% from the 500-meter section from the south-gu B market near the port of port to the roads front of the D station in C. D station.

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. Reports on detection of suspected victims of violation of the Road Traffic Act, notification of the results of the control of drunk driving, and report on the state of alcohol drivers' regular statement;

1. Previous records of judgment: Criminal records, inquiry reports and application of Acts and subordinate statutes to investigation reports (verification of the same type of suspect records);

1. Relevant laws concerning criminal facts, Articles 148-2 (1) and 44 (1) of the Road Traffic Act which choose the penalty, and the choice of imprisonment;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. Probation and lecture attendance order shall be taken into account the blood alcohol concentration on the grounds of sentencing in Article 62-2 of the Criminal Act, the second drinking driving, the first drinking driving at intervals of time from the second drinking driving, and other punishment power and reflectivity, etc.