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 this judgment becomes final and conclusive.

Punishment of the crime

[criminal power] On January 23, 2017, the Defendant was issued a summary order of KRW 1.5 million for a crime of violating the Road Traffic Act in the Daegu District Court Kimcheon-do, and a summary order of KRW 5 million for the same crime in the same court on July 21, 2017.

【Criminal Facts】

On March 27, 2020, at around 23:20, the Defendant driven the EM5 car under the influence of alcohol level of about 0.108% in the 1km section from Kimcheon-si B apartment road to the front road of the D Association located in C.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statements of a drinking driver, and inquiry into the results of the control of drinking driving;

1. Previous records: Application of criminal records, inquiry reports and investigation reports (report on the confirmation of criminal records of the same kind of suspect)-related Acts and subordinate statutes;

1. Relevant Articles 148-2 (1) and 44 (1) of the Road Traffic Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. Probation and community service order, orders to attend education, the same criminal records of the defendant for the reason of sentencing under Article 62-2 of the Criminal Act, the blood alcohol density of the defendant in this case, and other conditions of all kinds of sentencing as shown in the pleadings of this case, including the defendant's age, character and conduct, environment, motive, means and consequence of the crime, etc., shall be determined by taking into account