A defendant shall be punished by imprisonment for one year.

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.

Punishment of the crime

[criminal history] On September 7, 2007, the Defendant was issued a summary order of KRW 1.5 million for a crime of violating the Road Traffic Act (drinking driving) at the Daejeon District Court, and a summary order of KRW 4 million for the same crime at the residents support of the Daegu District Court on December 26, 2017, respectively.

[criminal record] On October 23, 2020, the Defendant driven B Poter cargo vehicles under the influence of alcohol content of about 4 km from the section of about 0.140% of alcohol content to the front of the bus platform in the Nakdongdong-dong 1007-6 located in the same city, Jungdong-dong, Jungdong-dong, Jungdong-dong (hereinafter referred to as the "Spool") around October 23, 2020.

Accordingly, the Defendant violated Article 44(1) of the Road Traffic Act prohibiting driving under the influence of alcohol at least twice.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating the driving of drinking, inquiry of the results of regulating the driving of drinking, and statement of the situation of the driver;

1. Previous convictions in judgment: Inquiry about criminal history and application of Acts and subordinate statutes of investigation report (the previous confirmation of criminal history);

1. Article 148-2(1) and Article 44-2(1) of the former Road Traffic Act (amended by Act No. 17371 of Jun. 9, 2020), Articles 148-2(1) and 44(1) of the same Act, the selection of punishment for a crime

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 reason for sentencing of Article 62-2 of the Criminal Act regarding community service and lecture attendance order was that the Defendant had been punished four times or more prior to the instant case, and the last one of them was not long since it was not long since 2017.

The defendant's blood alcohol concentration is high to 0.140%, and the risk of driving under drinking was high to the extent that the opposite diversity is caused by an accident that takes place beyond the central line.

Considering this, the criminal liability of the defendant is heavy.

However, considering the fact that the same criminal records of the defendant are both fines, it shall be considered that the defendant's age, character and character environment, motive and means of crime, circumstances after the crime, etc., as well as all the sentencing conditions shown in the records.