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

[criminal history] On January 9, 2009, the Defendant received a summary order of KRW 700,000 from the Ulsan District Court to a fine of KRW 1.5 million for a crime of violating the Road Traffic Act, and on March 18, 2009, the same court received a summary order of KRW 1.5 million for a crime of violating the Road Traffic Act.

[Criminal facts] On August 12, 2020, the Defendant driven D Poter truck under the influence of alcohol leveling 0.110% of alcohol level in approximately 500 meters from the front side of Ulsan-gu, Ulsan-gu, to the front side of Ulsan-gun C, Seoul-do.

Accordingly, the Defendant driven a motor vehicle under the influence of alcohol not less than twice.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on drinking driving;

1. Application of an inquiry letter, such as criminal history, an inquiry report (Attachment to the previous summary order) and statutes;

1. Relevant provisions of the Act and Articles 148-2 (1) and 44 (1) of the Road Traffic Act and the selection of imprisonment for a crime;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The fact that there is a record of being sentenced to three times a fine due to the driving of drinking alcohol for the reason of sentencing under Article 62-2 of the Criminal Act, the high drinking value, the passage of ten years or more from the last driving of drinking, the fact that there is no previous record exceeding a fine, the background of driving alcohol, the defendant's occupation, age, environment, etc.; and