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 June 11, 2015, the Defendant was issued a summary order of a fine not exceeding 6 million won by the Seoul Northern District Court for a crime of violating Road Traffic Act (drinking).

[2] The Defendant, on September 12, 2020, driven a C-eop-sports truck under the influence of alcohol leveling 0.242% from the section of approximately 300 meters from the front of the Dong-dong, Ansan-si, Ansan-si (hereinafter omitted) to the front of the same Gu’s road.

Accordingly, the Defendant violated the prohibition of driving under the influence of alcohol not less than twice.

Summary of Evidence

1. The defendant's legal statement report on the situation of the driver who takes the driving, notification of the result of regulating drinking and respiratory results;

1. Previous convictions in judgment: Application of the Acts and subordinate statutes to inquiries, such as reporting on the previous convictions and criminal records;

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. Comprehensive consideration of the fact that an order to attend a lecture was served due to an accident of drinking alcohol driving for the reason of sentencing under Article 62-2 of the Criminal Act, but recidivism was committed, the blood alcohol concentration is very high, and the fact that a mistake is recognized and reflected.