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

[Criminal Power] On December 22, 2006, the Defendant received a summary order of KRW 700,000 as a fine for a violation of the Road Traffic Act (driving) from the Seosan Branch of the Daejeon District Court.

around 00:12 on February 1, 2020, the Defendant driven the D class III truck under the influence of alcohol level of about 2 km from the 2km of the plastic house located in the Yari-si, Seosan-si, to the front road located in Seosan-si, Seosan-si, the Defendant driven the D class III truck under the influence of alcohol level of about 0.059%.

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

around 22:32 March 6, 2020, the Defendant driven a D-wing and Ⅲ truck with a blood alcohol concentration of about 0.076% in the section of approximately 2 km from the front of Seosan-si to the Seosan-si, Seosan-si, Seosan-si.

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

Summary of Evidence

[200 Highest 123]

1. Defendant's legal statement;

1. A manual for drinking control;

1. Notification of the results of the regulation on drinking driving, and the report on the statement of the situation of a drinking driver;

1. Defendant's legal statement;

1. A manual for drinking control;

1. Notification of the control results of drinking driving, and a report on the state of drinking drivers' standing statement [the section];

1. Application of the Act and subordinate statutes on criminal records, etc., investigation reports, and criminal records, etc.;

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

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. Article 62 (1) of the Criminal Act;

1. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act: The defendant's age, character and conduct, and the defendant's age, since he/she has a record of being punished for drunk driving, the circumstances favorable to the point that he/she drives repeatedly while he/she is tried due to drunk driving: the defendant reflects, the blood alcohol level is not high, the crime level exceeds the fine, and there is no criminal record other than the fine;