A defendant shall be punished by imprisonment for a term of one year and two 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

On June 4, 2018, the Defendant received a summary order of KRW 2 million as a fine for a violation of the Road Traffic Act from the Incheon District Court's Busan District Court's Busan Branch.

On November 14, 2019, at around 17:55, the Defendant driven C truck under the influence of alcohol leveling of about 500 meters from the section of approximately 500 meters, from the front of the B B, to the front road of the same day, around 17:59, the Defendant driven C truck under the influence of alcohol leveling of 0.190%.

At around 20:00 on the same day, the Defendant continued to drive the above cargo vehicle while under the influence of alcohol with about 0.183% of alcohol level 0.183% in the section of about 5 meters from the front of the Nowon-gu Seoul Special Metropolitan City B to the front of the same day.

Accordingly, the defendant was driving a motor vehicle in violation of the prohibition of drinking driving regulations not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Each report on actual condition, each report on the state of the driver's situation, and notification of the results of the regulation of drinking driving;

1. Efaging a neighboring CCTV image and cutting off the second accident;

1. Previous convictions in judgment: Application of second-class Acts and subordinate statutes to criminal records, reply reports, and copies of summary orders;

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. The reason for sentencing of Article 62-2 of the Criminal Act on the grounds of the order to provide community service and attend a lecture is an offense that may lead not only to the life of a person, but also to the life of a person, and the nature of the offense is bad, and the Defendant has been under control due to the primary drinking operation, and immediately thereafter, the Defendant has been under the influence of drinking, and the Defendant’s blood alcohol concentration was considerably high, and driving of a dangerous cargo vehicle is disadvantageous to the Defendant.

However, the fact that the defendant recognizes the crime of this case and reflects it, and there is no same punishment power exceeding the fine.