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] The defendant was issued a summary order of KRW 1.5 million for a crime of violation of the Road Traffic Act at the port branch of the Daegu District Court on May 19, 2008, and a summary order of KRW 1 million for the same crime at the same court on November 17, 2008, respectively.

【Criminal Facts】

On August 4, 2019, around 20:30, the Defendant driven a DK7 car while under the influence of alcohol with approximately 0.145% alcohol concentration at approximately 10 kilometers from the North-gu B apartment parking lot at the port to the front road of the North-gu C apartment at port.

Accordingly, the defendant violated the prohibition of drinking driving more than twice.

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 records: Application of Acts and subordinate statutes concerning criminal records and investigation reports (verification of criminal records of the same kind of suspect);

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 and the degree of blood alcohol concentration, and the record of being punished three times as a fine for driving under the influence of alcohol and driving without obtaining a license prior to the instant case);

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 sentence (see, e.g., Article 62 (1) of the Criminal Act)

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