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 June 11, 2009, the Defendant received a summary order of KRW 1 million for a fine of KRW 1 million for a violation of the Road Traffic Act in the Seosan Branch of the Daejeon District Court as well as a summary order of KRW 1.5 million for the same crime in the same court on November 4, 2011, respectively.

【Criminal Facts】

On September 12, 2020, the Defendant driven an Esch Rexroth car from about 1km section from the front of Jin-si B to the front road located in Jin-si C, in the state of alcohol of 0.175% of blood alcohol concentration at around 20:06.

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

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control of drinking driving;

1. Application of Acts and subordinate statutes to criminal records, etc. inquiry reports and investigation reports (reports accompanied by summary orders issued on the same criminal records as the 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. The reason for sentencing under Article 62-2 of the Criminal Act of the community service order is the subject of the instant disposition, the same power of the accused, the accused’s environment, etc.