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

On January 7, 2009, the Defendant received a summary order of KRW 1.5 million due to a violation of the Road Traffic Act (driving) in the Daejeon District Court Seosan Branch.

At around 16:00 on August 29, 2020, the Defendant driven D 3 freight cars while under the influence of alcohol leveling 0.152% in a five-meter section of C Burial Parking Site in Chungcheongnam-gun, Chungcheongnam-do.

Accordingly, the Defendant driven a motor vehicle under the influence of alcohol not less than twice.

Summary of Evidence

1. Notification of the defendant's legal statement, survey report on the actual condition of his/her statement, and photographic driving control result;

1. Application of Acts and subordinate statutes to a summary order after inquiring about an employer, such as a circumstantial statement, and criminal records of an investigation report;

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

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

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

1. The reason for sentencing under Article 62-2 of the Criminal Act was that the Defendant had been sentenced to a fine due to drinking alcohol driving twice, but the Defendant was involved in the accident while driving the freight in the state of drinking alcohol at the same time, and the blood alcohol concentration at the time was substantial.

The fact that the defendant seems to have suffered from his mistake and reflect his mistake, or that the accident occurred, or that the case of driving 5 meters in the parking lot is eventually considered in favor of the defendant.

In addition, all the sentencing factors shown in the pleadings of this case, such as the age, character and conduct, criminal records, environment, circumstances after the crime, etc., shall be determined as per the order.