A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Punishment of the crime

On August 22, 2008, the Defendant was sentenced to a fine of 700,000 won as a crime of violation of the Road Traffic Act, and the same court on August 13, 2010 issued a summary order of 1.5 million won as a crime of violation of the Road Traffic Act. On August 20, 2015, the Defendant was sentenced to a suspended sentence of 6 months by imprisonment with prison labor for the same court on August 20, 2015.

On June 3, 2020, the Defendant, while under the influence of alcohol on 0.141% of blood alcohol level around 16:15, driven a DNA Ⅱ truck at approximately 14km from the street in the vicinity of the Young-gun B apartment Cdong to the 3rd parking lot.

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

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report;

1. Notification of the results of the drinking driving control, and inquiry into the results of the drinking driving control;

1. Previous records of judgment: Application of criminal records, inquiry reports, investigation reports (applicable to the same type of power, each summary order attached thereto, and judgment attached thereto);

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. Mitigation of discretionary mitigation under Articles 53 and 55(1)3 of the Criminal Act (see, e.g., circumstances, etc. described in the following sentencing grounds):

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

1. Probation, community service order, and order to attend a lecture under Article 62-2 of the Criminal Act committed the instant crime again even though the Defendant was punished three times due to drunk driving, and the period of the instant crime does not have a significant interval between the previous drunk driving and the date of the instant crime. In particular, since the Defendant had been punished for a suspended sentence due to drunk driving, the Defendant is sentenced to imprisonment with prison labor.

However, there is time interval between the defendant's drinking termination time and the starting time of driving, and the defendant's mistake is divided later and then his mistake is divided.