A defendant shall be punished by imprisonment for two years.

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

【Criminal Facts】

On February 28, 2014, the Defendant issued a summary order of a fine of KRW 3 million for a violation of the Road Traffic Act in the Jeonju District Court's Jeonju Branch's Support on February 28, 2014, and a fine of KRW 1.5 million for the same crime in the Jeonju District Court's Support on February 5, 2018, and two times the rules on the prohibition of drinking driving have been violated.

【Criminal Facts】

On August 15, 2020, the Defendant driven D cargo vehicles with approximately 500 meters alcohol level of 0.141% under the influence of alcohol level from the 12:35 p.m. to the front road of the same city.

Accordingly, the defendant violated Article 44 (1) of the Road Traffic Act not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Reporting on detection of a violation of the Road Traffic Act;

1. The circumstantial statement of the employee;

1. Investigation report (Report on the status of an employee);

1. Notification of the control of drinking driving;

1. Previous convictions in judgment: Application of Acts and subordinate statutes concerning criminal records and investigation reports;

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. The execution of a sentence shall be postponed under the condition of probation, community service order, and order to attend a lecture, taking into account the following: probation, community service order, details of detection of reasons for sentencing under Article 62-2 of the Criminal Act (report of suspicion of sound driving), higher alcohol content, short driving distance, relatively recent records of the same criminal act (a fine of 1.5 million won on February 5, 2018 due to sound driving, a fine of 1.5 million won on February 5, 2018, a fine of 3 million won on February 28, 2014), the fact that a vehicle is sold, etc.

In addition, the defendant's age, character and conduct, environment, motive, means and result of the crime, and the conditions of all the sentencing shown in the arguments in this case, such as the circumstances after the crime, shall be determined in the same manner as the order.