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

On January 13, 2003, the Defendant received a summary order of KRW 700,000,000 as a fine for a violation of the Road Traffic Act (driving) from the Port Support of the Daegu District Court on January 13, 2003, a summary order of KRW 1,50,000 as a fine for a violation of the Road Traffic Act (driving of Drinking) from the Yeongdeungpo Branch Support of the Daegu District Court on September 10, 2004, a summary order of KRW 3 million as a fine for a violation of the Road Traffic Act (driving of Drinking) from the Daegu District Court on January 7, 2005, a summary order of KRW 3 million as a fine for a violation of the Road Traffic Act (driving of Drinking) from the Daegu District Court Branch Support on November 15, 201, and a summary order of KRW 1 million as a fine for a violation of the Road Traffic Act (driving of Drinking) from the Daegu District Court on June 25, 2014.

On November 17, 2020, at around 21:35, the Defendant driven a Fpoter II cargo vehicle with approximately 0.068% alcohol level in the direction of approximately 200 meters from the front of the convenience store C, located in Yong-gun, Chungcheongnam-gun.

Accordingly, the Defendant violated the prohibition of drinking alcohol driving regulations not less than twice.

Summary of Evidence

1. Statement by the defendant in court;

1. Arrest report, internal investigation report, notification of the results of the crackdown on drinking driving, report on the situation of the driver who is placed in the main place, and next inquiry;

1. Previous convictions in judgment: Application of an inquiry letter, such as criminal history, and an investigation report (verification of criminal records of the same kind as the suspect);

1. Relevant Article of the Act and Articles 148-2 (1) and 44 (1) of the Road Traffic Act concerning the facts constituting an offense;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. The reasoning for sentencing under Article 62-2 of the Criminal Act, including the observation of protection, community service order, and order to attend a lecture, and all of the sentencing factors indicated in the pleadings of the instant case, such as the Defendant’s age, environment, sex, motive, means and consequence of the commission of the crime, etc., shall be determined as ordered by taking into account the following circumstances, and the sentence shall be determined as ordered by the order, and