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

On October 17, 2011, the Defendant was issued a summary order of a fine not exceeding two million won for a crime of violating road traffic law in the Changwon District Court's Musan Branch.

On October 10, 2020, at around 00:20, the Defendant driven a Fpoter truck under the influence of alcohol concentration of about 0.117% at a section of about 1km from the front way of C in Changwon-si Mapo-si B to the front day of the E cafeteria located in the same Gu.

Accordingly, the Defendant driven a motor vehicle under the influence of alcohol in violation of Article 44(1) of the Road Traffic Act not less than twice.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of driving under the liquor:

1. Statement of the circumstances of the driver involved in driving;

1. Investigation report (report on the situation of the driver in charge); and

1. Inquiries about the results of crackdown on drinking driving;

1. Previous convictions in judgment: Application of an inquiry letter, such as criminal history, and an investigation report (verification of the same criminal suspect records, etc.);

1. Relevant provisions of the Act and Articles 148-2 (1) and 44 (1) of the Road Traffic Act and the selection of imprisonment for a crime;

1. Articles 53 and 55(1)3 of the Criminal Act (the following sentencing shall be considered in light of the circumstances favorable to the attention) of the mitigated amount;

1. Article 62 (1) of the Criminal Act on the stay of execution (The following sentencing has been repeated for more favorable circumstances);

1. Reasons for sentencing under Article 62-2 of the Criminal Act, including observation of protection and orders to provide community service and attend lectures;

1. Scope of applicable sentences under law: Imprisonment with prison labor for a period of one year to two years and six months;

2. Non-application of the sentencing criteria: The sentencing criteria are not set.

3. Opinions of prosecutor: Two years of imprisonment; and

4. The Defendant, who was sentenced to a sentence, was sentenced to a fine twice due to drinking alcohol driving (203, 201, 201), and one time due to the refusal of drinking alcohol measurement (2003), was sentenced to a fine, and was driving at once.

In the blood alcohol concentration of 0.117%, the state of drinking is significant.

There are a lot of times of criminal records of drinking.

However, there was no traffic accident.

Criminal records of drinking are relatively old.

The defendant shall not have any criminal records.

In addition, the records and arguments, such as the age, sex, environment, motive, means and result of the crime, and circumstances after the crime, are recorded.