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 power] On July 1, 2010, the Defendant was sentenced to a summary order of 1.5 million won for a crime of violating the Road Traffic Act (driving) in the Changwon District Court's Seongbuk-gu Branch, and on December 29, 2010, the Defendant was sentenced to a suspended sentence of 1.5 million won for a period of 4 months for a crime of violating the Road Traffic Act (driving) in the Changwon District Court's smuggling support on December 29, 201. On June 22, 2011, the Defendant was sentenced to a fine of 5 million won for a crime of violating the Road Traffic Act (driving) in the Changwon District Court's Seongbuk-gu Branch Branch on November 30, 201, and was sentenced to a suspended sentence of 2 years for August.

【Criminal Facts】

On May 12, 2020, at around 20:15, the Defendant driven a Brocketing-Pacific cargo vehicle while under the influence of alcohol content of about 0.11% in the section of approximately 20 meters prior to the site of the expressway between Ulsan and Ulsan, which is located in the site of the road adjacent to the site of the expressway.

Summary of Evidence

1. Defendant's legal statement;

1. Inspection results of the crackdown on drinking driving, notification of the results of the crackdown on drinking driving, report on the circumstantial statements of drinking drivers, investigation report (report on the circumstances of drinking drivers), and on-site photographs;

1. Criminal records: Criminal records, confirmation of related cases, list of related cases, and application of judgment statutes;

1. Relevant Articles 148-2 (1) and 44 (1) of the Road Traffic Act concerning the facts constituting the crime;

1. Article 53 and Article 55(1)3 of the Criminal Act for discretionary mitigation (Article 53 and Article 55(1)3 of the same Act (Article 55(1)1 of the same Act does not relax the case in light of the blood alcohol concentration and the records of the same kind of crime, but not repeating the crime in depth, there is no record of criminal punishment heavier than the suspension of the execution of imprisonment, and all other circumstances constituting the conditions of sentencing);

1. Article 62 (1) of the Criminal Act on the suspension of execution (the repeated consideration of the favorable circumstances in the above);

1. It shall be decided as ordered for the reason of probation, community service and order to attend education under Article 62-2 of the Criminal Act or more;