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 January 28, 2013, the Defendant was issued a summary order of KRW 5 million by the Daegu District Court due to a violation of the Road Traffic Act.

On August 20, 2019, at around 21:00, the Defendant driven a Fresh 100 meters section from the C coffee shop to the E in the direction of D, while under the influence of alcohol by 0.192% of the blood alcohol concentration.

Accordingly, the defendant violated Article 44 (1) or (2) of the Road Traffic Act not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. References to the results of regulating drinking driving, references to criminal records of the statement made under the circumstances of drinking drivers, and application of written judgment statutes;

1. Relevant provisions of Article 148-2 (1) and Article 44 (1) of the Road Traffic Act, the choice of imprisonment for a crime, or 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 punishment against the defendant shall be determined by taking into consideration the circumstances leading to the running of drinking alcohol for the reason of sentencing under Article 62-2 of the Criminal Act, the blood alcohol concentration, driving distance, criminal punishment records, the circumstances after the crime, etc.;