A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Punishment of the crime

[criminal power] On November 16, 2006, the Defendant was issued a summary order of KRW 3 million as a crime of violating the Road Traffic Act (driving) at the port branch of the Daegu District Court.

【Criminal Facts】

The defendant is a driver of the vehicle B with low-speed.

On April 11, 2020, the Defendant driven the said vehicle under the influence of alcohol by 0.124% in a section of about 30 meters from the front of Part E, to the G neighboring road located in the same Gu F, after the Defendant, located in the Northern-gu C at Port, Mapo-si, Mapo-si, Mapo-si.

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. A H statement;

1. Report on detection of a person suspected of violating the Road Traffic Act (driving), report on the state of his/her vehicle driving, report on the results of the influence of alcohol driving, investigation report on the results of the influence of alcohol driving (where a person suspected of being drunk A), inquiry into the results of the control of alcohol driving (no: 20-6-1906-50204);

1. Previous convictions indicated in judgment: Criminal records, reply reports, and application of Acts and subordinate statutes to investigation reports;

1. Relevant legal provisions concerning facts constituting an offense, and Articles 148-2 (1) and 44 (1) of the Road Traffic Act that choose a sentence (in consideration of the fact that imprisonment is chosen, that the blood alcohol concentration is high, and that there exists a history of drinking driving, etc.);

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act ( Taking into account the fact that an error is against one another, and the fact that an accident does not occur due to one in this case’s driving);

1. Article 62 (1) of the Criminal Act on the suspended execution (in addition to the grounds for discretionary mitigation, considering the fact that the Defendant was punished by a fine twice the total amount of the past records, other than the past records in the judgment);

1. An order to attend a course is rendered for not less than Article 62-2 of the Criminal Act;