A defendant shall be punished by imprisonment for not less than one year and six months.

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

[Criminal Power] On March 22, 2013, the Defendant was issued a summary order of KRW 1 million as a crime of violation of the Road Traffic Act in the Seo-gu District Court Branch of Seo-gu District Court on March 22, 2013

【Criminal Facts】

1. Although the Defendant had been past violating the provisions of the Road Traffic Act prohibiting driving under the influence of alcohol more than once, at around 02:40 on November 14, 2019, the Defendant driven a D-wing-III cargo vehicle with a blood alcohol concentration of about 100 meters from the road front of the French-gu Ma-gu Ma-dong to the road front of the same Gu C apartment.

2. Although the Defendant had been able to violate the provision on the prohibition of drinking under the Road Traffic Act more than once, on November 14, 2019, at around 03:56, the Defendant driven the above salary-III truck with a blood alcohol concentration of about 0.101% in the section of about 2km from the front of Daegu-gu, Daegu-gu, to the front of the 219 Ansan-gu, the same half month from November 14, 2019 to the front of the 219 safe zone.

Summary of Evidence

1. Defendant's legal statement;

1. E statements;

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

1. Notification of the result of the drinking driving control;

1. The circumstantial statement of each host driver;

1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes to investigation reports;

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

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act: The circumstances shown in the pleadings of this case, such as the Defendant’s age, character and behavior, environment, family relationship, motive and consequence of the crime, etc., shall be considered in consideration of the fact that there has been several records of punishment for the same kind of crime: confession and reflect, and six years or more from the last penalty power.