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 October 1, 2010, the Defendant was issued a summary order of KRW 5 million for a violation of the Road Traffic Act (driving) at the port support of the Daegu District Court, and on August 29, 2014, the same court issued a summary order of KRW 5 million for a violation of the Road Traffic Act (driving).

【Criminal Facts】

The defendant is a driver of B E-car.

On October 26, 2019, the Defendant driven the above vehicle while under the influence of alcohol 0.161% in the 3km section from the north-gu at Port to the front road of the same Gu from the north-gu at Port to the same Gu.

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. Each statement;

1. The actual condition survey report;

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

1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes concerning criminal records and investigation reports;

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, the occurrence of traffic accidents caused by the driving of this case, and the history of punishment four times as a fine for drunk driving, shall be taken into account;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation (see, e.g., Supreme Court Decision 201Da1548, Apr. 1, 20

1. Article 62 (1) of the Criminal Act on the stay of execution (in addition to the grounds for discretionary mitigation, consideration shall be given to the absence of any record of punishment heavier than that of the suspended execution);

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