The punishment of the accused shall be determined by a year of imprisonment.

However, the above sentence shall be executed for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

[criminal power] On January 30, 2008, the Defendant was notified of a summary order of KRW 4 million for the crimes of violation of the Road Traffic Act in the Young-gu District Court’s Young-gu District Court’s Young-gu Branch Branch on May 28, 2008, and was sentenced to a suspended sentence of KRW 3 million for six months for the same crimes, etc. on May 28, 2008. On March 2, 2011, the Defendant was sentenced to a summary order of KRW 3 million for the same crimes and was sentenced to a suspended sentence of ten months for the same crimes in the same court on May 21, 2015.

【Criminal Facts】

Around 08:10 on August 6, 2020, the Defendant: (a) driven the Epoter II cargo vehicle while under the influence of about 0.075% of blood alcohol concentration from the front road in Southern-gu B at port to the front road in the same Gu D and violated Article 44(1) of the Road Traffic Act not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statements of a drinking driver and report on the control of drinking driving;

1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes concerning criminal records and investigation reports;

1. Relevant provisions of the Act on the Crime and Articles 148-2 (1) and 44 (1) of the Road Traffic Act (the choice of imprisonment, the stay of execution two times due to the drunk driving before the case, and the records of being punished four times as fines, shall be taken into account);

1. Article 53 and Article 55(1)3 of the Criminal Act for discretionary mitigation (see, e.g., Supreme Court Decision 201Da1548, Apr. 1, 201)

1. Article 62 (1) of the Criminal Act on the suspension of execution (in addition to the grounds for discretionary mitigation, taking into account that there exists no past record of punishment sentenced to imprisonment or heavier punishment);

1. Probation, community service order or order to attend a lecture under Article 62-2 of the Criminal Act;