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 December 1, 2008, the Defendant was issued a summary order of KRW 2 million for a crime of violation of the Road Traffic Act at the port branch of the Daegu District Court, and a summary order of KRW 4 million for the same crime at the same court on April 15, 2013, respectively.

【Criminal Facts】

On July 18, 2019, around 23:25, the Defendant driven D Lasta car in the state of alcohol alcohol concentration of approximately 0.101% from the 1km section of approximately 1km to the front of the shooting distance of the Southern Police Station located in the same Gu, Nam-gu, Nam-gu, Nam-gu, East-si.

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 records: Application of Acts and subordinate statutes to criminal records and investigation reports (Attachment to a summary order of the same criminal records as a suspect);

1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1) and 44 (1) of the Road Traffic Act (the choice of imprisonment with prison labor, the degree of blood alcohol concentration, and the records of being punished twice as fines for driving under the influence of alcohol prior to the instant case shall be taken into account);

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 on the suspension of execution (i.e., grounds for discretionary mitigation and the fact that there is no past record of punishment sentenced to imprisonment or a heavier punishment);

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