A defendant shall be punished by imprisonment for one year.

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

Punishment of the crime

[criminal power] On October 20, 2006, the Defendant was issued a summary order of KRW 1.5 million for a fine of KRW 1.5 million for a violation of the Road Traffic Act in the branch court of the Busan District Court, on February 21, 2008, a fine of KRW 2 million for the same crime in the same court, and on November 2, 2015, a fine of KRW 6 million for the same crime in the branch court of the Changwon District Court.

【Criminal Facts】

On June 8, 2020, at around 19:45, the Defendant driven Dsch-sports cargo vehicles in the state of alcohol alcohol concentration of about 0.125% from the front parking lot of the Pool restaurant to the C apartment road, where it is impossible to identify the trade name located in the Chungcheongnam-si B, Chungcheongnam-si.

Accordingly, the defendant, who violated the Road Traffic Act prohibiting driving under the influence of alcohol, once again drives a motor vehicle while under the influence of alcohol in violation of the above prohibition provision.

Summary of Evidence

1. Defendant's legal statement;

1. Report on drinking control, report on the circumstances of a drinking driver, investigation report (report on the circumstances of a drinking driver), bureau and investigation report requesting appraisal (Listening to the statements of suspects and 112 reporters);

1. Previous records of judgment: Criminal records, inquiry reports and application of Acts and subordinate statutes to investigation reports (verification of criminal records of the same kind of suspect);

1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1) and 44 (1) of the Road Traffic Act which choose the penalty;

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

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

1. Taking into account the fact that the reason for sentencing in Article 62-2 of the Criminal Code of the community service order and the defendant had a record of being sentenced to four times a fine due to the same military force, which is the fiveth, the fact that the defendant was clear to cause a traffic accident (the reason for reporting the reporter), the blood alcohol concentration (including the result of the smoking measurement) and the blood alcohol concentration level.