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 February 15, 201, the Defendant received a summary order of KRW 2 million as a crime of violation of the Road Traffic Act (driving) from the Daegu District Court Port Branch on February 15, 2011.

【Criminal Facts】

On October 23, 2019, at around 07:35, the Defendant, while under the influence of alcohol of 0.047% of blood alcohol concentration, was driving a F Poter Cargo within approximately 150 meters from the road in the north-gu, Northern-si, Seoul Special Metropolitan City, to the roads in the same Gu D.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the result of crackdown on drinking driving and on the circumstantial statement of a drinking driver;

1. Previous convictions: Application of criminal records and summary order Acts and subordinate statutes;

1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1) and 44 (1) of the Road Traffic Act referring to the choice of imprisonment or imprisonment. In light of the fact that prior to the instant case, the person has been punished four times by a fine for driving under the influence of alcohol or without a license);

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 (in addition to the grounds for discretionary mitigation, consideration shall be given to the fact that there exists no record of punishment for a sentence of imprisonment with prison labor imposed upon him/her);

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