A defendant shall be punished by imprisonment for one year.

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

Punishment of the crime

On July 3, 2017, the Defendant was issued a fine of KRW 5 million due to a violation of road traffic law (refluence of alcohol measurement) at the Seogu District Court Seo branch branch on July 3, 2017.

On October 26, 2020, the Defendant driven a e-wing truck at approximately 10km section from the front side of the Daegu Seo-gu apartment site B to the front side of the D in Daegu Suwon-gu, under the influence of alcohol content of 0.047% among blood transfusion around 03:05.

Accordingly, the Defendant violated Article 44(1) or 44(2) of the Road Traffic Act at least twice.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of a driver who is placed in driving and notification of the results of regulating drinking driving;

1. Application of an inquiry letter, such as criminal history, and an inquiry report (a brief attachment to an order) by statutes;

1. Article 148-2 (1), 44 (1), and 44 (2) of the Road Traffic Act applicable to the facts constituting an offense and Articles 148-2 (Selection of Imprisonment);

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Although the error of the defendant for the reason of sentencing under Article 62-2 of the Criminal Act is not somewhat weak, the punishment as ordered shall be determined by comprehensively taking into account the following factors: the defendant's age, sex, environment, means and result of the crime, circumstances after the crime, economic situation, etc., although the defendant's error in the reason of sentencing is against the defendant, and the main content is not heavy, and the defendant's age, sex, environment, means and result of the crime,