A defendant shall be punished by imprisonment for one year.

except that 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 August 22, 2011, the Defendant issued a summary order of one million won as a crime of violating the Road Traffic Act at the Daegu District Court on August 22, 201.

On October 29, 2019, at around 23:10, the Defendant driven a balp motor vehicle with a blood alcohol content of about 0.089% under the influence of alcohol level 0.089% at the section of approximately 300 meters from the front road of the Korean Bank Neng-gu, Daegu Metropolitan City, to the front road of the 29 merchant road of the Seo-gu, Seo-gu, Seoul Metropolitan City.

As a result, the Defendant driven a motor vehicle under the influence of alcohol not less than twice in violation of the prohibition on drinking.

Summary of Evidence

1. Application of Acts and subordinate statutes to criminal defendant's legal statement, circumstantial statement, and inquiry about criminal records, such as inquiry about the result of crackdown on drinking driving, and investigation reports (verification of criminal records of a suspect's drunk driving);

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 on the suspension of execution (Consideration of the confession and reflect of the defendant, and the fact that there is no past record of criminal punishment exceeding the fine);