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 May 7, 2013, the Defendant was sentenced to a fine of KRW 1.5 million as a crime of violating road traffic law (dacting driving) at the Changwon District Court's Chang-gu branch on May 7, 2013.

[Criminal facts] On October 29, 2020, the Defendant driven E-Poter II cargo at approximately 0.063% alcohol concentration at the 1km section from around the road in front of the C cafeteria located in Gohap-gun, Chungcheongnam-gun, Gyeongnam-gun, to the roads near the Gyeongnam-gun, Gyeongnam-gun.

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 the driving of drinking, notification of the results of crackdown on the driving of drinking, report on the situation of the driver of drinking and report on the situation of the driver of drinking;

1. Criminal history: Inquiry about criminal history, reporting of the past conviction of the disposition, and the application of statutes of the judgment;

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

1. Articles 53 and 55(1)3 of the Criminal Act for the mitigation of quantity (it is not exceptionally against a case in light of the blood alcohol density, the records of the same kind of crime, etc., but does not repeat the case in light of the depth of the crime, the fact that there is no record of criminal punishment heavier than that of the suspension of the execution of imprisonment, the fact that there is no record of criminal punishment heavier than that of the suspension of the execution of the imprisonment, and all other circumstances that are conditions for the sentencing specified in the records and pleadings of this case);

1. Article 62 (1) of the Criminal Act on the suspension of execution (the above-mentioned normal consideration);

1. It is decided as per the Disposition on the grounds of Article 62-2 or more of the Criminal Act;