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 September 26, 2014, the Defendant: (a) was a person who was issued a summary order of KRW 4 million due to a violation of the Road Traffic Act (driving) at the credit branch of Suwon District Court on September 26, 201; (b) was driving E-Poter truck under the influence of alcohol level of approximately 0.114% from the front of the road located in Gyeonggi-do, Gyeonggi-do, at around 17:50 on August 13, 2020 to the front of the road located in Gyeonggi-do, for approximately 700 meters prior to the same city.

Accordingly, the defendant violated Article 44 (1) of the Road Traffic Act not less than twice.

Summary of Evidence

1. The defendant's legal statement each traffic accident report, the status of his/her driving, the report on the actual state of his/her driving, the report on the circumstances of his/her driver, the investigation report, and the notification of the results of the drinking driving control, video;

1. Previous conviction: Application of the Acts and subordinate statutes of inquiry letter and a copy of summary order;

1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1) and 44 (1) of the Road Traffic Act which choose the penalty;

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 under Article 62-2 of the Criminal Act on probation and order to attend a lecture, even though the Defendant had a record of drinking driving two times, again caused a traffic accident while driving a motor vehicle.

However, the section of drinking driving is relatively short.

The sentence shall be determined as per the order, taking into account such circumstances, the defendant's age, character, environment, and circumstances after the crime.