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 May 26, 2017, the Defendant was issued a summary order of KRW 5 million for the crime of violating the Road Traffic Act (Refusal of measurement of noise level) in the Changwon District Court's Jinju branch on May 26, 201.

On February 2, 2020, at around 21:14, the Defendant driven F truck under the influence of alcohol leveling 0.094% of alcohol level at approximately 1.6 km from the 1.6km section to the roads near the cafeteria located in D, Hanam-gun, Hanam-gun.

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

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control results of drinking-driving, report on the circumstances of drinking-driving drivers, and investigation report (report on the circumstances of drinking-driving drivers);

1. Photographs and a list of 112 reported cases;

1. Previous records before ruling: Criminal records, inquiry reports, the list of related cases, and application of Acts and subordinate statutes of the summary order;

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) and (3) of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act (i.e., confession, history of punishment, health status of defendants, etc.);

1. Probation, community service order or order to attend a lecture under Article 62-2 of the Criminal Act;