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

[criminal power] On June 20, 2008, the Defendant was issued a summary order of KRW 700,000 as a crime of violating the Road Traffic Act (driving) at the port branch of the Daegu District Court. On May 1, 2009, the Defendant was issued a summary order of KRW 1,50,000 as a fine for the same crime in the same court.

【Criminal Facts】

On March 19, 2020, at around 03:32, the Defendant driven CK5 cars while under the influence of alcohol with approximately 7km alcohol concentration of about 0.078% from the 7km section adjacent to the viewing side of the port line, which is located adjacent to the Southern-gu Viewing-ro, Nam-gu, Sinpo-si, and the front road of the same Gu.

Accordingly, the defendant, who violated the prohibition of drinking driving, was driving a motor vehicle under the influence of alcohol again.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the results of the regulation of drinking driving, inquiry into the results of the regulation of drinking driving, report on the circumstantial statements of drinking drivers, investigation report (report on the circumstances of drinking drivers), and report on the circumstances of drinking driving;

1. Previous convictions indicated in the judgment: Criminal history records, inquiry reports (A), investigation reports (verification of the same type of force), and application of two copies of the summary order under Acts and subordinate statutes;

1. Relevant legal provisions concerning facts constituting an offense, and Articles 148-2 (1) and 44 (1) of the Road Traffic Act that choose the penalty (in consideration of the fact that the imprisonment is chosen, the blood alcohol concentration is not low, and the drinking driving is three times);

1. Article 53 and Article 55(1)3 of the Criminal Act for discretionary mitigation (i.e., the fact that a traffic accident has not been caused due to the instant driving, etc.);

1. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act on the grounds of discretionary mitigation, and the accused shall be taken into account that he/she has no criminal records except for those punished three times

1. An order to attend a course is rendered for not less than Article 62-2 of the Criminal Act;