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 April 11, 2017, 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】

On May 19, 2020, the Defendant driven a Fluter vehicle under the influence of alcohol with approximately 0.136% alcohol concentration at the 1km section from the front of the road located in Nam-gu, Nam-gu, Chungcheongnam-si, Seoul to the front of the road located in the same Gu D to the road located in the same Gu.

Accordingly, the defendant violated Article 44 (1) or (2) of the Road Traffic Act not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. G statements;

1. Report on the circumstantial statements of a drinking driver and report on the control of drinking driving;

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, taking into account the fact that a fine has not been imposed once due to a drunk driving and no criminal records exist);

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