1. The defendant shall be punished by imprisonment for one year;

2.Provided, That the above sentence shall be executed for a period of two years from the date this judgment becomes final and conclusive.

Punishment of the crime

[criminal power] On June 23, 2009, the Defendant issued a summary order of KRW 700,000,000 as a fine for a violation of the Road Traffic Act in the Daegu District Court and the racing support. On August 26, 2015, the above support received a summary order of KRW 3 million as the same crime.

【Criminal Facts】

On March 16, 2020, at around 12:32, the Defendant driven a Epoter II cargo vehicle with approximately 100 meters alcohol concentration of approximately 0.171% while under the influence of alcohol from the 100-meter section to the front road of the Drops located in the same city C.

As a result, the defendant was a person with the history of violating the Road Traffic Act's prohibition of drinking driving, driving a motor vehicle under the influence of alcohol again in violation of the above prohibition of drinking driving.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statement, investigation report, and notification of the results of the crackdown on drinking driving;

1. Previous convictions indicated in judgment: Criminal records, probationary records, investigation reports (verification of the records of sound driving), and application of Acts and subordinate statutes to investigation reports (Attachment to investigation records of the control of sound driving);

1. Relevant provisions of the Act and Articles 148 (1) and 44 (1) of the Road Traffic Act (not less than twice in case of driving under the influence of alcohol and 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 ( considered to be short of the distance of driving and reflect on it);

1. Article 62-2 of the Criminal Act concerning orders to provide community service and attend lectures;