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 August 1, 2007, the Defendant was issued a summary order of KRW 1.5 million for a crime of violation of the Road Traffic Act at the port branch of the Daegu District Court on August 1, 2007; on October 1, 2008, the same court was issued a summary order of KRW 2 million for the same crime; on May 13, 2009, the same court was sentenced to one year of a suspended sentence of imprisonment for the same crime; on January 21, 2010, the court issued a summary order of KRW 5 million for the same crime; and on March 31, 2011, the same court was sentenced to one year of a suspended sentence of imprisonment for six months for the same crime.

【Criminal Facts】

The Defendant is a shipper of freight B.

At around 00:40 on February 27, 2020, the Defendant driven the said vehicle under the influence of alcohol of about 10 meters in a section of approximately 10 meters from D’s alleyway in Northern-gu, Northern-si C to D’s front road in the same Gu C, with a blood alcohol concentration of about 0.088%.

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

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 Acts and subordinate statutes concerning criminal records and investigation reports (verification of criminal records of the same kind of suspect);

1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1) and 44 (1) of the Road Traffic Act that have the history of punishment for imprisonment or imprisonment with prison labor (the choice of imprisonment, the degree of blood alcohol concentration, the suspension of execution twice due to drunk driving and unlicensed driving before the instant case, and the four times of fines, respectively);

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. Probation, order to provide community service and attend lectures under Article 62-2 of the Criminal Act;