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 became final and conclusive.

Punishment of the crime

On September 3, 2008, the Defendant issued a summary order of KRW 1.5 million for the crime of violation of the Road Traffic Act in the Gwangju District Court's net support on September 3, 2008. On August 25, 2009, the Defendant issued a summary order of KRW 3.5 million for the same crime in the same court on August 25, 2009. On March 4, 2015, the Defendant was issued a summary order of KRW 7 million for the same crime.

Nevertheless, at around 20:40 on October 12, 2019, the Defendant driven D Cargo Vehicles with approximately 500 meters alcohol level 0.185% under the influence of alcohol level from around 500 meters to at least the entrance of the B market.

As a result, the Defendant violated the obligation of “the prohibition of driving under the influence of alcohol” at least twice.

Summary of Evidence

1. Defendant's legal statement;

1. E statements;

1. On-site photographs, a report on the circumstantial statement of a driver, a report on the situation of a driver's driving, a report on the situation of a driver's driving, a report on the results of the drinking control;

1. Application of Acts and subordinate statutes to criminal records, etc. inquiry reports (A) and investigation reports (verification of criminal records of the same kind as a suspect);

1. Relevant Articles 148-2 (1) and 44 (1) of the Road Traffic Act and Articles 148-2 (1) and 44 of the Act on the Election

1. Selection of alternative imprisonment with prison labor (with prison labor for the same kind of crime several times, driving again, and considering that blood alcohol concentration is considerably high);

1. Article 62 (1) of the Criminal Act (the fact that there is no record of punishment heavier than the fine for the same kind of crime, the fact that the crime is against the criminal fact, and all other circumstances, such as the age, character, conduct and environment of the defendant);