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 October 16, 2007, the Defendant was issued a summary order of KRW 1 million as a crime of violating the Road Traffic Act (driving) at the port branch of the Daegu District Court.

【Criminal Facts】

On May 1, 2020, the Defendant driven a ewing-III truck with approximately 0.131% alcohol level in the section of about 1km from the 1km to the front road of D located in C from the Defendant's subed field near Nam-gu, Nam-gu, Nam-si, Nam-si, Mapo-si, and violated Article 44(1) of the Road Traffic Act not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statements of a drinking driver and report on the control of drinking driving;

1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes concerning criminal records and investigation reports;

1. Relevant Article of the Act on the Crime and Articles 148-2 (1) and 44 (1) of the Road Traffic Act [The choice of imprisonment and the degree of blood alcohol concentration shall be taken into account];

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 stay of execution (in addition to the grounds for discretionary mitigation, taking into account the fact that a fine has not been imposed once due to a drunk driving and no criminal records exist);

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