A defendant shall be punished by imprisonment for not less than one year and six months.

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

Punishment of the crime

[Power of driving alcohol, etc.] On April 9, 2007, the Defendant was sentenced to a summary order of KRW 1.5 million for a crime of violating road traffic laws at the Cleanju District Court, and on October 11, 2012, the Defendant was sentenced to a fine of KRW 7 million for a crime of violating road traffic laws at the Cleanju District Court, and on April 3, 2015, sentenced to imprisonment for a crime of violating road traffic laws (driving), etc. at the Daejeon District Court.

[Criminal facts] On August 6, 2020, the Defendant driven a Fpoter freight vehicle under the influence of alcohol level of about 0.181% while under the influence of alcohol level 0.181% at the section of about 3km from the upper street of “C” to the latter street of “E”, and from the upper street of “E” to the latter street.

Accordingly, the Defendant violated the prohibition of drinking alcohol driving more than twice.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the detection of a driver at the main place of business and a statement in the circumstances of the driver at the main place of business;

1. Application of an inquiry letter, written judgment, and summary order text, such as criminal history;

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. The reasons for sentencing under Article 62-2 of the Criminal Act, including the protection and observation, taking lectures, and providing community service order, should not be considered in light of the risk of drinking driving, the risk of traffic accidents while driving under drinking, etc. while driving another vehicle in the state of drinking, despite the past record of criminal punishment on several occasions due to driving under drinking.

However, since the fact that the punishment is seriously against the mistake, it seems that the remaining temporary warning is lost and driven while being excessively drunk for about five years after the last sentence, the head of the gold practice, mental counseling treatment, alcohol treatment, etc., and the second effort is made for the prevention of recidivism.