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 September 22, 2006, the Defendant received a summary order of KRW 2 million from the Seosan Branch of the Daejeon District Court to a fine of KRW 1 million for a violation of the Road Traffic Act, and on September 24, 2012, from the Seosan Branch of the Daejeon District Court to a fine of KRW 7 million for a violation of the Road Traffic Act.

On March 9, 2020, at around 16:17, the Defendant driven a D class-III cargo vehicle from approximately 1.5 km to D class-III in the section of approximately 1.5 km from the Sinjin-si's adjacent road to the Guljin-si road while under the influence of alcohol with 0.105% of alcohol concentration.

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

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. The actual condition survey report;

1. Report on the results of the control of drinking driving, and report on the state of drinking drivers;

1. Application of Acts and subordinate statutes to criminal history records, inquiry reports, and investigation reports (verification of sound driving records);

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 punishment as ordered shall be determined by comprehensively taking into account all the conditions of sentencing, including the defendant's criminal records, the degree of the principal offense, the circumstances of driving and distance, etc., the age, character and conduct, environment, etc., of the defendant for the reason of sentencing under