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 February 9, 2009, the Defendant issued a summary order of KRW 1 million to a fine for a violation of the Road Traffic Act at the Changwon District Court on February 9, 2009, and on September 23, 2013, the Defendant had a record of being issued a summary order of KRW 3 million to the same crime in the same court.

Criminal facts

On April 9, 2020, the Defendant, while under the influence of alcohol at 00:25% of blood alcohol concentration, driven a B-wing truck within about 10 kilometers of approximately 10 kilometers from a Do where it is impossible to know the location below the Sinung-si in Gyeonggi-do to the road located in 828, Bupyeong-gu Incheon, Bupyeong-gu, Incheon.

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. The circumstantial statement of a drinking driver, and the written appraisal of blood alcohol;

1. Previous records: Criminal records and other inquiries, and the application of Acts and subordinate statutes of the same criminal records;

1. Relevant legal provisions concerning the crime, Articles 148-2 (1) and 44 (1) of the Road Traffic Act of the choice of punishment, and the choice of imprisonment [Consideration of the crime in this case, the details and circumstances of the crime in this case, the blood alcohol concentration, and the criminal record];

1. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation (see, e.g., Supreme Court Decision 201Da1548, Apr. 2, 201);

1. Article 62 (1) of the Criminal Act on the suspension of execution (precluding the preceding sentence);

1. Order to attend lectures under Article 62-2 of the Criminal Act;