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 July 6, 2007, the Defendant received a summary order of a fine of two million won or more due to a crime of violating the Road Traffic Act (drinking) at the Changwon District Court.

On October 31, 2020, the Defendant driven B Poter cargo under the influence of alcohol content of about 0.040% from the 40km section to the 1st tunnel of the Highway Changwon-gun, Chungcheongnam-do, Jin-si, Jin-si, Seoul, to the road near the 19:30 Sin-si, Jin-si to the Haan Eup Eup, Hain-gun, Chungcheongnam-do.

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. A report on the occurrence of a traffic accident and a report on actual condition investigation;

1. Notification of the results of regulating the driving of drinking alcohol and a statement in the circumstances of the driver of drinking alcohol;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (former records), and summary order-making Acts and subordinate statutes;

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. 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. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act and Article 59 of the Act on the Observation, etc. of Protection: The fact that there is no criminal record of suspension of execution or higher, and that the degree of intellectual disability is supporting alone those children with severe alcohol level at the time of driving, and all the sentencing factors indicated in the records and changes theory of this case, including the defendant's age, sex, environment, family relation, health status, motive, means and consequence of the crime, etc., shall be determined by taking into account all the sentencing factors indicated in the text of the order.