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 March 14, 2007, the Defendant issued a summary order of KRW 700,00,000 as a fine for a violation of the Road Traffic Act (driving) at the Changwon District Court's Jinju branch on the same day, and on April 27, 2017, the same court issued a summary order of KRW 1 million as a fine for the same crime, and on November 14, 2017, the Defendant was sentenced to imprisonment with prison labor for the same crime and for two years of suspended execution.

On July 10, 2020, the Defendant driven an Erestex Cargo at approximately 700 meters away from the 700m section of the D apartment to the front road of the D apartment, while under the influence of alcohol at 0.042% of blood alcohol level, around 20:45.

Accordingly, the Defendant violated the prohibition of driving under the influence of alcohol not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control results of drinking-driving, report on the circumstances of drinking-driving drivers, and investigation report (report on the circumstances of drinking-driving drivers);

1. Previous records: Criminal records, repeated statements, and application of Acts and subordinate statutes to the relevant summary order output;

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 (Consideration, blood alcohol concentration, driving distance, health conditions, environment, etc.);

1. Probation, order to attend lectures or order to provide community service under Article 62-2 of the Criminal Act;