A defendant shall be punished by imprisonment for two years.

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

Punishment of the crime

On January 19, 2009, the Defendant received a summary order of KRW 1 million as a crime of violation of the Road Traffic Act, and on April 25, 2011, at the Daegu District Court issued a summary order of KRW 2.5 million as a crime of violation of the Road Traffic Act, and on August 17, 2017, at the sex support of the Daegu District Court, the Defendant was sentenced to a suspended sentence of one year for six months for a period of imprisonment for a violation of the Road Traffic Act. On September 21, 2017, the Defendant was sentenced to a suspended sentence of two years for a period of six months for a period of six months.

On March 29, 2020, at around 16:11, the Defendant driven B Poter truck under the influence of alcohol concentration of about 0.141% at the section of about 30km from the front of the restaurant where it is impossible to know the trade name in the main road of the Seogu-gu, Daegu to the main road of the Singu-gun, Gyeongnam-gun, Busan-do, Busan-do, Busan-do, Busan-do, to the main road of the 145km.

Therefore, although the defendant was punished due to drinking driving, he again driven a motor vehicle under the influence of alcohol.

Summary of Evidence

1. Defendant's legal statement;

1. Statement on the circumstances of a drinking driver, investigation report (report on the circumstances of a drinking driver), and inquiry into the results of the crackdown on drinking driving;

1. Previous records of judgment: Application of Acts and subordinate statutes, such as criminal records, inquiry reports, and summary orders;

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. The sentence identical to the order shall be determined by comprehensively taking into account the following circumstances under Article 62(1) of the Criminal Act: the defendant’s age, environment, character and conduct, motive of the crime, means and consequence of the crime, and the circumstances after the crime was committed.

The favorable circumstances: The defendant acknowledges his mistake, repents, and does not repeat again.

Unfavorable circumstances: the crime is not good in light of the degree of driving and the distance of operation, and four times of imprisonment with prison labor for the same kind of crime.