Defendant shall be punished by imprisonment for a term of one year and two months.

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

Punishment of the crime

On June 20, 2007, the Defendant received a summary order of KRW 3 million due to a violation of road traffic law (drinking driving), and a summary order of KRW 3 million due to a violation of road traffic law (drinking driving) at the Gangnam branch of the Chuncheon District Court on September 13, 2016.

The driver of any motor vehicle shall pass along the center right side of the road.

Nevertheless, on October 25, 2020, the Defendant driven the above cargo vehicle from the rest area in the Seoul Southern Highway located on the south side of the Gangwon-do Nanwon-gun to the tunnel management office located on the south of the same expressway from the rest area in the Seoul Southern Highway located on the south of the Gangwon-do Nannam-gun, to approximately 4km to the center management office located on the south of the same expressway, and operated the above cargo vehicle from approximately 4km to the center left side of the above road to approximately 4km to the center left side of the above road. The Defendant driven the above cargo vehicle from the above tunnel management office to the rest area of the rest area of the above 4km.

As a result, the Defendant violated the prohibition of drinking alcohol more than twice, and simultaneously passed the center left side of the expressway.

Summary of Evidence

1. Statement by the defendant in court;

1. Arrest report, investigation report (report on the situation of the driver in charge of driving), report on the situation of the driver in charge of driving, notification of the result of crackdown on the driving of drinking, the report processing of the case 112, and the next inquiry;

1. Previous conviction in judgment: Application of an inquiry letter, such as criminal history, and an investigation report (verification of criminal suspect A's history of driving under the same kind of drinking);

1. Article 148-2 Paragraph (1), Article 44 Paragraph (1) of the Road Traffic Act (in cases of driving under the influence of alcohol), Article 153 Paragraph (2) Item 1, and Article 13 Paragraph (3) of the Road Traffic Act applicable to criminal facts, "Article 156 subparagraph 1, and Article 13 Paragraph (3) of the Road Traffic Act" is applicable to cases where the defendant intentionally fails to pass on the center right of the road on any other roads except for the expressway, exclusive road for motor vehicles, and the road with the central separation cost. This case is applicable to cases where the defendant intentionally fails to pass on the center right of the expressway.