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

【Criminal Facts】

On July 14, 2014, the Defendant was issued a summary order of KRW 1 million for the crime of violating the Road Traffic Act in the Changwon District Court's Jinju branch.

[Criminal Power] Around 23:50 on April 30, 2020, the Defendant driven a Dpoter II truck under the influence of alcohol leveling 0.11% in the section of about 10km from the front of the Jaart Jail, which is located in Jinju City B, to the bean intersection in the same city-wide-dong.

Accordingly, the defendant has driven a motor vehicle under the influence of alcohol in violation of Article 44 (1) of the Road Traffic Act not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statements of a drinking driver and notification of the results of the control of drinking driving;

1. Previous records: Criminal records, inquiry reports, and application of Acts and subordinate statutes to investigation reports;

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) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing of Article 62-2 of the Criminal Act on orders to provide community service and attend lectures is that the defendant again committed the instant crime even though he had the record of punishment for drinking driving, and that the blood alcohol concentration was high at the time of the instant crime, and that he driven a considerable distance is disadvantageous.

However, the sentencing conditions, such as the defendant's age, character and behavior, environment, motive of the crime and circumstances after the crime, shall be determined as ordered by taking into account the following factors: the defendant's mistake is recognized; the defendant has no other penalty force than the fine recorded in the records and arguments of this case; and the defendant's age, character and behavior,