A defendant shall be punished by imprisonment for one year.

except that 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 August 14, 2012, the Defendant issued a summary order of KRW 1 million for a crime of violation of the Road Traffic Act at the Gwangju District Court on August 14, 2012, and a summary order of KRW 1.5 million for the same crime in the Gwangju District Court on March 27, 2014.

Criminal facts

On May 19, 2020, at around 21:30, the Defendant driven a Fpoter II cargo vehicle under the influence of alcohol concentration of about 0.047% at the section of approximately 13km from the front road of Gangnam-gun to the front road of E in the same Gun.

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

Summary of Evidence

1. Defendant's legal statement;

1. Report on the occurrence of a traffic accident, report on the circumstances of a drinking driver, and report on the control of drinking driving;

1. Before ruling: Application of criminal history records, reply reports, investigation reports, and Acts and subordinate statutes;

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. The reason for the suspended sentence under Article 62(1) of the Criminal Act is to increase the risk of citizens' traffic safety and thus, the necessity of strict punishment is high, and the defendant separates his fault, and the sentencing balance with the criminal records of the defendant, the criminal records of the defendant, the criminal records, the background of the crime, the degree of taking the principal, the defendant's age, family relationship, health status and the possibility of recidivism are determined by comprehensively taking account of the various conditions of sentencing as shown in the records and arguments of the case.