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 15, 2009, the Defendant was issued a summary order of KRW 700,000 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 BM3 passenger car.

On July 9, 2020, the Defendant driven the above vehicle while under the influence of alcohol 0.117% in the section of about 10km from the south-gu C at Port to the front road of the same Si/Gu from the south-gu C at Port.

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: Application of Acts and subordinate statutes concerning criminal records and investigation reports;

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 suspended execution (in addition to the grounds for discretionary mitigation, taking into account the fact that a fine for a drunk driving has been sentenced once and that no criminal records exist;

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