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 October 22, 2018, the Defendant received a summary order of KRW 1,50,00,000 as a fine for a violation of the Road Traffic Act (driving) from the Seogu District Court’s branch court.

On November 4, 2019, at around 23:30, the Defendant driven an Ek5 vehicle while under the influence of alcohol of about 0.139 percent of alcohol concentration on the four kilometers from the roads in front of the Daegu Seo-gu B Village B, Daegu to the front roads in D, Daegu Seo-gu, Seoul.

Accordingly, the defendant was driving under drinking not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the crackdown on drinking driving, the report on the situation of driving under drinking, and the driver's license inquiry;

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

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. Suspension of execution under Article 62 (1) of the Criminal Act (see, e.g., Article 62 (1) that the defendant acknowledges the crime of this case, and there is no record of punishment heavier than the fine);

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