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 August 1, 2007, the Defendant was issued a summary order of KRW 1,50,000 as a crime of violating Road Traffic Act (drinking driving) in the Daejeon District Court's Support for Incheon District Court.

Although the Defendant was punished as a crime of violating the Road Traffic Act (drinking) as above, the Defendant driven the E-Poter truck under the influence of 0.135% of alcohol concentration in the section of approximately 1km from the front of Asan City B on November 14, 2020 to the front of D in Asan City, Asan City, around November 14, 2020.

Accordingly, the Defendant violated the prohibition of drinking alcohol driving regulations not less than twice.

Summary of Evidence

1. Statement by the defendant in court;

1. Response to a request for appraisal, inquiry into the results of crackdown on driving alcohol (blood collection examination), report on the situation of the driver in charge, and investigation report (the blood appraisal results of the National Institute of Scientific and Investigative Research and the application of the aforementioned drone formula);

1. References to inquiries, such as criminal history, reporting on the result of confirmation of the previous conviction before the disposition, and the application of summary orders and statutes;

1. Relevant provisions of the Act and Articles 148-2 (1) and 44 (1) of the Road Traffic Act and the selection of imprisonment for a crime;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (a half the amount of reduction);

1. Article 62 (1) of the Criminal Act on the Suspension of Execution ( comprehensively taking into account the criminal records of the defendant, the numerical value of alcohol during his/her blood, the developments leading up to driving alcohol, driving distance, etc.);

1. An order to attend a course under Article 62-2 of the Criminal Act;