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 November 12, 2008, the Defendant was sentenced to imprisonment with prison labor for one year and two years of suspended execution for the crime of violating the Road Traffic Act (refluence of noise measurement) in the Daegu District Court Port Division.

【Criminal Facts】

At around 23:00 on August 24, 2020, the Defendant driven a wing vehicle with D while under the influence of alcohol 0.177% in the section of approximately 1km from the roads near the North-gu death island at the port of port to the roads in front of C in the same Gu.

As a result, the Defendant violated the prohibition of drinking driving or drinking refusal to take a drinking test more than twice.

Summary of Evidence

1. The defendant's legal statement 1. E

1. The actual condition survey report;

1. Report on the result of crackdown on drinking driving and on the circumstantial statement of a drinking driver;

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

1. Relevant legal provisions concerning criminal facts and Articles 148-2 (1), 44 (1), and 44 (2) of the Road Traffic Act / [The number of imprisonment with prison labor, blood alcohol concentration, traffic accidents caused by the operation of this case, and the suspension of execution one time due to non-licensed driving and refusal to measure alcohol before the instant case, and the one sentenced to punishment once a fine, shall be considered];

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation (see, e.g., Supreme Court Decision 201Da1548, Apr. 1, 20

1. Article 62 (1) of the Criminal Act on the stay of execution (in addition to the grounds for discretionary mitigation, it shall be taken into account that there is no past record of punishment for imprisonment with prison labor, and that there is no past record of punishment for the same crime since 2009 and there is no past record of punishment for the same crime

1. An order to provide community service or attend lectures under Article 62-2 of the Criminal Act;