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 18, 2010, the Defendant issued, respectively, a summary order of KRW 1.5 million at the Seosan Branch of the Daejeon District Court, with a fine of KRW 1.5 million for a violation of the Road Traffic Act, at the same court on May 20, 2010, a fine of KRW 2 million for the same crime, and on July 24, 2015, by the same court on July 24, 2015.

On August 22, 2020, the Defendant driven the E-Y third cargo vehicle while under influence of about 500 meters alcohol concentration of 0.239% from the front road in Jinjin-si B to D in front of the same city.

Accordingly, the defendant violated the prohibition of drinking driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control results of drinking driving, and report on the circumstantial statement of a drinking driver;

1. Application of the Act and subordinate statutes on criminal records, etc., investigation reports, and criminal records, etc.;

1. Relevant Articles 148-2 (1) and 44 (1) of the Road Traffic Act, the choice of punishment for the crime, and the 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;

1. The punishment as ordered shall be determined by comprehensively taking into account all the conditions of sentencing, including the defendant's criminal records, the degree of the principal offense, the circumstances of driving and distance, etc., the age, character and conduct, environment, etc., of the defendant for the reason of sentencing under