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

On January 28, 2013, the Defendant was given a summary order of a fine of one million won by the Seoul Western District Court for a violation of the Road Traffic Act.

At around 10:30 on May 5, 2020, the Defendant driven the D Dok Dok Dok truck while under the influence of alcohol leveling 0.139% from the section of about 10km to the front road of Mapo-gu Seoul, Seoul.

As a result, the Defendant violated the prohibition of drinking driving more than twice.

Summary of Evidence

1. The application of Acts and subordinate statutes to the defendant's legal statement, statement, drinking driving control results, inquiry into criminal records, investigation reports (verification of criminal records of the same kind as the suspect) and investigation reports;

1. Relevant Articles 148-2 (1) and 44 (1) of the Road Traffic Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. Although the Defendant had a record of being sentenced to a fine on one occasion due to drinking driving, the instant drinking driving was conducted at the same time, and the occurrence of an accident involving the Defendant’s driving due to drinking driving of the instant case occurred.

On the other hand, the records of drinking driving are all criminal records, and the defendant again does not commit such errors.

In addition, the punishment as ordered shall be determined by comprehensively taking into account the various circumstances, such as the drinking alcohol level and driving distance, the age, character and conduct, environment, motive and consequence of the crime, circumstances after the crime, etc., and the conditions for sentencing as shown in the pleading.