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

[Criminal Power] On June 15, 2007, the Defendant was sentenced to a suspended sentence of six months for a violation of the Road Traffic Act (driving) in the official capital support of the Daejeon District Court on June 15, 2007. On March 27, 2014, the Defendant was issued a summary order of three million won for the same crime by the same court.

【Criminal Facts】

At around 13:40 on May 14, 2020, the Defendant driven a fwing 3 truck under the influence of alcohol concentration of about 0.104% from the section of about 1km from the front of the C cafeteria located in the public city B to the front of the E farm located in the public city D in the public city.

Accordingly, the Defendant violated the duty of prohibition on driving under the influence of alcohol not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Control note, report on the current status of an employer-employed driver, and investigation report (report on the current status of an employer-employed driver);

1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes to investigation reports (verification of the same kind of power);

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. Article 62 (1) of the Criminal Act;

1. On the grounds of sentencing under Article 62-2 of the Criminal Act, the probation and community service order, the order to attend lectures, the age, character and conduct, intelligence and environment, family relationship, motive, means and consequence of the crime of this case, and all the sentencing factors expressed in the process of the trial, including the circumstances after the crime, shall be determined as ordered in comprehensive consideration.

3. Unfavorable circumstances: 5 times (2001, 202, 2003, 2007, and 2014) have already been used for a drunk driving, and among them, the circumstances that have repeatedly committed the same kind of crime even though the person has been sentenced to the suspension of the execution of imprisonment: Recognizing and reflecting the wrong, causing a traffic accident, causing a traffic accident, and the social ties that can assist the Defendant in suppressing recidivism are obviously seen.