A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

[criminal power] On June 11, 2010, the Defendant was issued a summary order of KRW 1 million for the crime of violating the Road Traffic Act in Daegu District Court racing support, and on December 30, 2013, the same court issued a summary order of KRW 7 million for the crime of violating the Road Traffic Act.

【Criminal Facts】

On August 30, 2020, at around 20:00 on August 30, 2020, the Defendant driven FpoterⅡ (PORⅡ) cargo vehicles with approximately 0.105% alcohol concentration in the 3km section from around C cafeteria located in Si-si to E in the same city.

Accordingly, the defendant violated the Road Traffic Act's prohibition of drinking driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control of drinking driving;

1. Investigation report (similar criminal records of the suspect);

1. Application of Acts and subordinate statutes to inquiries about criminal records, etc.;

1. Relevant legal provisions concerning the facts of crime, Articles 148-2 (1) and 44 (1) of the Road Traffic Act that choose the penalty, and the choice of imprisonment;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. The punishment as ordered shall be determined by comprehensively taking into account the following factors: (a) the reason for sentencing under Article 62-2 of the Criminal Act under Article 62-2 of the Act on Suspension of Execution; (b) the blood alcohol concentration; and (c) the criminal records; and (d) the Defendant’s age, character and conduct, environment, family relationship, and circumstances after the crime; and (c) the various sentencing factors