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

On November 12, 2014, the Defendant was issued a summary order of KRW 4 million for the crime of violating the Road Traffic Act in the Daegu District Court Kimcheon Branch of the Daegu District Court as well as a fine of KRW 4 million.

On October 31, 2019, at around 21:37, the Defendant driven a FM5 vehicle under the influence of alcohol concentration of about 0.049% from the section of approximately 3 km from the road front of the frequency collection in Kimcheon-si B to the front of the road located in the same city D.

Accordingly, the Defendant violated the duty of prohibition of driving under the influence of alcohol not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the statement of the state of drinking drivers, and inquiry into the results of the control of drinking driving;

1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes to investigation reports (verification of the same kind of power);

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. The grounds for sentencing under Article 62-2 of the Criminal Act, including probation, community service order, and order to attend a lecture, are recognized to be erroneous by the defendant. The sentencing conditions of this case, including the defendant's blood alcohol concentration at the time of the crime of this case, driving distance, the defendant's status at the time of driving, and the criminal records of the defendant, etc.