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 July 6, 2009, the Defendant received a summary order of KRW 700,000 from the Seoul Central District Court to a fine of KRW 700,000 as a crime of violation of the Road Traffic Act, and on June 29, 2012, the Defendant received a summary order of KRW 4 million as a fine of KRW 4 million as a crime of violation of the Road Traffic Act (driving) from the Busan District Court’s Branch Branch

【Criminal Facts】

Although the Defendant violated Article 44(1) of the Road Traffic Act twice as stated in the above criminal records, on July 6, 2020, at around 23:48, the Defendant driving of the E-wing three cargo vehicles with a blood alcohol content of at least 0.086% from the cafeteria parking lot located in Silung-si B to the D in Silung-si, Silung-si, about 800 meters from the 800-meter section, and violated Article 44(1) of the Road Traffic Act at least twice.

Summary of Evidence

1. Defendant's legal statement;

1. Making inquiries about the results of the drinking driving control, and drinking-freeers;

1. Previous convictions indicated in judgment: Application of criminal 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. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Criminal Act, despite the fact that the defendant had already been punished several times of a fine due to drinking driving, has a high possibility of criticism. However, the punishment as ordered in the Disposition shall be determined by comprehensively taking into account the following factors: (a) the fact that the last period of drinking driving has passed 8 years from the last period of drinking driving; (b) the defendant has no criminal record exceeding the fine; and (c) the degree of drinking alcohol and driving distance; (d) the process leading up to the detection of drinking driving and drinking driving