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 power] On November 28, 2013, the Defendant was issued a summary order of KRW 3 million for a crime of violation of the Road Traffic Act in the official capital support of the Daejeon District Court on November 28, 2013, and a summary order of KRW 2 million for the same crime in the above court on April 3, 2015, respectively.

【Criminal Facts】

On April 23, 2020, at around 20:20, the Defendant driven a C-wing truck with a blood alcohol concentration of about 0.092%, from the front of the Defendant’s residence in Gongju-si B to the front of the Tae-wing-dong in Tae-dong in Tae-si, Tae-si, an official city, at approximately 1.5 km.

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, reply 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: The circumstances that are favorable to the fact that a person repeatedly commits the same kind of crime even though he had a previous record of drunk driving at three times (2005, 2013, 2015): the fact that the mistake is recognized and reflects, and the occurrence of a traffic accident has not occurred.