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 November 7, 2014, the Defendant driven a motor vehicle under the influence of alcohol level of 0.078% during blood, and received a summary order of KRW 1 million,00,000,000, which is a fine for a violation of Road Traffic Act, in the support of the Young-dong District Court on December 8, 2014.

On November 13, 2020, at around 22:07, the Defendant driven a F Poter truck under the influence of alcohol leveling 0.130% of alcohol level in approximately 100 meters from the 100-meter section from the Mat Parking Lot B to the front road in D.

Accordingly, the Defendant violated Article 44(1) of the Road Traffic Act at least twice.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement report and investigation report on the situation of the driver at the main place of business (report on the situation of the driver at the main place of business);

1. A protocol of seizure, list of seizure, and reply to a request for appraisal;

1. Records of crime: Application of an inquiry letter, summary order, and other relevant Acts and subordinate statutes, such as criminal history;

1. Article 148-2(1) and Article 44-2(1) of the former Road Traffic Act (amended by Act No. 17371 of Jun. 9, 2020), Articles 148-2(1) and 44(1) of the same Act, the selection of punishment for a crime

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for the sentencing of Article 62-2 of the Criminal Act and the main sentence of Article 59(1) of the Act on the Protection, Observation, etc. of Traffic Accidents is one of the important factors that increase the risk of traffic accidents, and thus, the frequency of accidents and the high risk of the life, body, etc. of the drinking driver as well as the other person's life, body, etc. is increasing, and thus, the social damage caused by the drinking driving is increased, so a driver needs to bear strict responsibility for the drinking driver.

As seen earlier, even though the Defendant had been punished by a fine by driving under drinking once, the Defendant committed the instant crime by driving under drinking while driving under the influence of alcohol.

In particular, when considering the risk of traffic accidents increased due to the defendant's discovery of the crime of this case by reporting vehicles suspected of driving alcohol.