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 18, 2016, the Defendant was issued a summary order of KRW 2 million as a fine for a violation of the Road Traffic Act in the Daegu District Court's Ansan Branch on May 18, 2016.

【Criminal Facts】

At around 22:50 on December 13, 2019, the Defendant driven a 1st ton cargo vehicle E in the condition of alcohol concentration of about 0.134% in the 1.6km section from the front of the Csung Party, which was permanently residing in B, to the same time D apartment.

As a result, the defendant violated the prohibition of drunk driving more than twice.

The Defendant is a person who operates an overwork shop using the Ewing and Ⅲ 1 ton cargo vehicle.

Any person who intends to construct, rebuild, alter, or remove a structure, object, or other facility, or occupy and use a road due to any other reason shall obtain permission from a road management authority.

Nevertheless, on September 30, 2019, from 19:00 to 21:00, the Defendant parked the above cargo in a space of about 3 meters wide and about 7 meters long from among the front roads of G, which are located in Thai City F, and operated a street store by displaying 10 paper gambling boxes, approximately 10 plastic boxes, and approximately 10 plastic boxes.

Accordingly, the defendant occupied and used a road without permission to occupy and use the road.

Summary of Evidence

"2019 Highest 1009"

1. Defendant's legal statement;

1. A H statement;

1. Criminal land, report on the occurrence of a traffic accident, report on the circumstantial statement of a drinking driver, investigation report, notification on the results of crackdown on drinking driving, report on the actual situation, photograph of the accident site, and inquiry into the enemy;

1. Before holding: Criminal history records, inquiry reports, and investigation reports (verification of criminal records of a suspect's drunk driving);

1. Defendant's legal statement;

1. The application of Acts and subordinate statutes to a petition, a report on internal investigation (referring to an inquiry of a suspected vehicle), and a report on investigation (road photographs);

1. Relevant provisions of the Act and Articles 148-2 (1) and 44 (1) of the Road Traffic Act (the point of driving and the choice of imprisonment with prison labor), which apply to criminal facts;