Defendant shall be punished by imprisonment for a term of one year and two months.

However, the above sentence shall be executed for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

[criminal record] On June 28, 2013, the Defendant was issued a summary order of KRW 1.5 million for the crime of violating the Road Traffic Act by the Daegu District Court.

[Criminal Facts] Around 13:50 on December 30, 2019, the Defendant, while under the influence of alcohol at 0.141% of alcohol level, was driving a motor vehicle from the roads near the C cafeteria located in Seopopo City B to the front of the Seopopo City D apartment at approximately 30km, thereby violating Article 44(1) of the Road Traffic Act at least twice.

Summary of Evidence

1. Statement made by the defendant in this court;

1. Statement of the suspect interrogation protocol on the accused prepared by the police;

1. Each entry of the report on detection of the driver from the police officer, the report on the circumstances of the driver from the employer, the report on investigation (report on the circumstances of the driver from the employer), and the report on 112 case handling records; and

1. Previous records: Statement of inquiries into police preparation and statement of inquiry report, application of Acts and subordinate statutes (including attached documents) of investigation report (verification of the same criminal records as the suspect) into the preparation of the prosecutor;

1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1) and 44 (1) of the Road Traffic Act which choose the penalty;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);

1. The reason for sentencing under Article 62-2 of the Criminal Act, Article 59 of the Act on Probation, etc., 【The scope of the sentence to be sentenced under the law】 Imprisonment with prison labor for one year or two years and six months (in the case of discretionary mitigation) 【The sentence to be sentenced’s imprisonment for one year and two years and six months (in the case of discretionary mitigation), which is disadvantageous to the defendant for two years and two months of the suspended sentence: the summary order of a fine of three million won from the Daegu District Court on December 21, 1995 to the violation of the Road Traffic Act from the Daegu District Court on October 20, 2004; the summary order of a fine of one million and five million won for the violation of the Road Traffic Act from the Ulsan District Court on October 20, 2004; and the defendant was measured at the time of the crime of this case.