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

Punishment of the crime

[criminal history] The Defendant was sentenced to four months of imprisonment and one year of suspended execution for a crime of violating road traffic law at the Daegu District Court on December 13, 2019, and the judgment became final and conclusive on December 21, 2019 and is currently under suspended execution.

On October 29, 2010, the Defendant was issued a summary order of KRW 4 million with a fine of KRW 1 million due to a violation of the Road Traffic Act at the Daegu District Court on the grounds of a violation of the Road Traffic Act, and on May 13, 201, the Defendant was sentenced to six months of imprisonment with prison labor and two years of suspended execution due to a violation of the Road Traffic Act (driving) at the Seog Branch Branch of the Daegu District Court on the grounds of a violation of the Road Traffic Act, and on July 19, 2017, the Defendant was issued a summary order of KRW 8 million with a fine of KRW 1 million due to a violation of the Road Traffic Act.

[ criminal facts] On June 28, 2020, the Defendant driven E-Poter truck under the influence of alcohol content of about 0.221% at a section of approximately 2km from the 35-gu Jung-gu, Daegu-gu, Daegu-gu, Seoul-gu, to its intersection prior to the 35-gu, Seogu, Seo-gu, Seo-gu, Seoul-gu, to its intersection.

Summary of Evidence

1. Statement by the defendant in court;

1. The circumstantial statement report of a driver driving a drinking, inquiry into the results of crackdown on drinking driving, on-site photographs, driver's license ledger, and inquiry into the vehicle register;

1. Previous convictions: Inquiries about criminal history and the application of Acts and subordinate statutes of investigation reports (verification of criminal history);

1. Relevant provisions of the Act and Articles 148-2 (1) and 44 (1) of the Road Traffic Act and the selection of imprisonment for a crime;

1. The grounds for sentencing under Articles 53 and 55(1)3 of the Criminal Act for mitigation of small amount are that the Defendant recognized the instant crime, etc. that are favorable to the Defendant.

However, in light of the fact that the defendant's blood alcohol concentration at the time of driving the drinking of this case is considerably high by 0.221%, the nature of the crime is not good.

The defendant has already been punished for a crime of the same kind, such as drinking driving, etc., and the defendant was sentenced to a suspended sentence due to a crime of violation of the Road Traffic Act in 2011, and the suspended sentence is suspended for a crime of violation of the Road Traffic Act (unlicensed driving).