However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

[criminal history] On June 8, 2010, the Defendant was sentenced to a fine of KRW 1.5 million for a crime of violating road traffic law in the support of the Incheon District Court on the Incheon District Court on June 8, 2010, and on December 9, 2013, the Defendant was sentenced to a fine of KRW 3 million for the same crime from the subsidies of the Daejeon District Court on the Incheon District Court on December 9, 2013 and was sentenced to two times.

[2] On August 25, 2020, at around 21:50, the Defendant driven B Poter cargo under the influence of alcohol concentration of about 3 km from a mutual influence restaurant located in the Heung-gu Soakdong-gu, Chungcheongnam-gu to the Cheongju branch station located in the same new village-dong 236-3, the Defendant driven B Poter truck under the influence of alcohol concentration of about 0.102% in blood.

Accordingly, the Defendant violated the prohibition of drinking alcohol driving regulations not less than twice.

Summary of Evidence

1. Notification of the defendant's legal statement and investigation report and the result of regulating drinking driving;

1. Previous convictions in judgment: Inquiry about criminal history and application of Acts and subordinate statutes of investigation report (verification of the same kind of force);

1. Relevant Article of the Act and Articles 148-2 (1) and 44 (1) of the Road Traffic Act concerning the facts constituting an offense;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reasons for sentencing under Article 62-2 of the Criminal Act for an order to attend a lecture or an order to provide community service order: The drinking driving of alcohol needs to be strictly punished for a crime that may inflict harm on the life, body, or property of a person who is not only the driver but also the driver.

Defendant has been punished twice for the same crime.

The Defendant also caused a traffic accident while driving under drinking.

A favorable circumstances: The defendant recognizes the crime of this case.

A more than seven years have passed since the defendant was punished for the same kind of crime.

In addition, comprehensively taking into account all the factors of sentencing as shown in the trial process of this case, such as the defendant's age, reputation, health status, environment and family relationship, etc., the sentence shall be determined as ordered.