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 became final and conclusive.

Punishment of the crime

On July 13, 2009, the Defendant received a summary order of KRW 1,500,000 as a fine for a violation of the Road Traffic Act, and on February 24, 2012, the same court received a summary order of KRW 3 million as a fine for the same crime.

Although the Defendant had been able to violate the provision on the prohibition of driving under the influence of alcohol once or more times, on December 11, 2019, at around 17:39, the Defendant driven a f1 ton cargo vehicle under the influence of alcohol with approximately 500m alcohol concentration of about 0.07% in a section of about 500 meters from the roads in front of C in the Cheongsong-gun, Cheongsong-gun B to the front of a restaurant in the same Gun D.

Accordingly, the Defendant violated the prohibition of driving under the influence of alcohol not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statement, investigation report, and notification of the results of the control of drinking driving;

1. Previous records of judgment: Application of criminal records, inquiry reports, and criminal investigation reports (Attachment to criminal records and summary orders);

1. Relevant Articles 148-2 (1) and 44 (1) of the Road Traffic Act, the choice of punishment for the crime, and the choice of imprisonment;

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

1. It particularly takes into account the reflection of the defendant's reasons for sentencing under Article 62 (1) of the Criminal Act, the degree and operational distance of the defendant, and the records of the same kind (three times of fine).