A defendant shall be punished by imprisonment for one year.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Punishment of the crime

On September 7, 2015, the Defendant received a summary order of KRW 1 million as a crime of violating the Road Traffic Act (drinking) from the Ulsan District Court on September 7, 2015.

On April 22, 2020, the Defendant, while under the influence of alcohol leveling 0.108% from blood alcohol level around 00:48, 00, driven D’s car from approximately 1km section from the roads of Daegu Seo-gu B to the roads of Daegu Seo-gu C.

Accordingly, the Defendant violated the Road Traffic Act that he shall not drive a motor vehicle under the influence of alcohol at least twice.

『2020 고단 2798』 피고인은 2019. 12. 24. 20:00 경 거제시 E에 있는 F에서, 배달 주문 어 플인 ‘ 요기요 ’를 통해 피해자 G 운영의 ‘H’ 이라는 상호의 일반 음식점에 육회 비빔밥 2개, 불고기 비빔밥 1개 등 합계 32,000원 상당의 음식을 거제시 I 모텔 J 호로 배달해 달라는 취지로 허위 주문하여 이를 진실로 믿은 피해자로 하여금 위 I 모텔 J 호로 음식을 배달하도록 함으로써 위계로 피해자의 일반 음식점 영업 업무를 방해하였다.

Summary of Evidence

The application of Acts and subordinate statutes to the Defendant’s legal statement G of 2020 [1718 Highest 1718] Defendant’s statement statement report, investigation report (the state of the driver’s report), notification of the result of crackdown on drinking driving, inquiry of criminal records such as inquiry as a result of crackdown on drinking driving, investigation status (Attachment to the summary order of the same type of crime), copy of the summary order of 2065 Highest 2065 Highest 2015 Highest 2015 Highest 2015 Highest 2020, Highest 2798], and the contents of each police statement in K.

1. Relevant Articles 148-2(1) and 44(1) of the Road Traffic Act (the point of drinking alcohol), Articles 314(1) and 313(1) of the Criminal Act (the point of interference with business) of the Criminal Act, and the choice of imprisonment for each crime;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act (the defendant shall be led to confession;