A defendant shall be punished by imprisonment for two years.

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 March 30, 2011, the Defendant was sentenced to one year of imprisonment and two years of suspended execution for the violation of the Road Traffic Act in the support of the Daejeon District Court on March 30, 201.

On November 07, 2019, at around 20:15, the Defendant driven a F Ⅱ truck at a distance of about 600 meters from the front side of the "C" to the front side of the police box in D, while under the influence of alcohol of 0.156% of blood alcohol level, and driving a F Ⅱ truck at a distance of about 600 meters.

As a result, although the defendant had a record of punishment for drunk driving, he driven a motor vehicle under the influence of alcohol.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. Making a report on the control of drinking driving;

1. Records of judgment: Application of criminal records, reply reports (A), investigation reports, and Acts and subordinate statutes;

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. Article 62 (1) of the Criminal Act;

1. In light of the fact that the statutory punishment for the drinking-driving crime has been continuously aggravated due to serious social harm caused by drinking-driving and changes in the legal sentiment of the general public, etc., the crime of drinking-driving is in need of strict punishment.

There is a record that the defendant has been sentenced to the suspended sentence of imprisonment due to the violation of the Road Traffic Act and the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes.

The favorable circumstances: The defendant reflects the crime of this case.

A relatively short distance was driven by the defendant.

There is no history of criminal punishment for the defendant after 2011.

Other circumstances, such as the age, character and conduct, the environment, the motive and background of the crime, the result of the crime, and the circumstances after the crime, etc., which are the conditions for the sentencing as shown in the arguments in this case, shall be determined as the sentence as