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 three years from the date this judgment becomes final and conclusive.

Punishment of the crime

On June 7, 2011, the Defendant was sentenced to a fine of 2.5 million won by the Gwangju District Court as a crime of violation of the Road Traffic Act.

On August 9, 2019, at around 22:35, the Defendant driven B bp truck under the influence of alcohol content of about 0.096% from the two kilometers from the guest gymian of Nanyang-Eup to the frontway of the same Eup chronic renal road of the same Eup.

Summary of Evidence

1. Statement by the defendant in court;

1. The circumstantial statement statement and investigation report of the employer (the circumstantial report of the employer-employed driver);

1. Previous convictions in judgment: To refer to inquiries and apply Acts and subordinate statutes to reports on internal investigation;

1. Relevant legal provisions of the Act and 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 53 and Article 55(1)3 of the Criminal Act for discretionary mitigation (see, e.g., Supreme Court Decision 2006Da1448, Apr. 2, 20

1. Article 62(1) of the Criminal Act of the suspended sentence (hereinafter “the grounds for the suspended sentence”), whichever is favorable, has been repeatedly considered;

1. The reasons for sentencing under Article 62-2(1) of the Criminal Act and Article 59 of the Act on Probation, etc. include a number of criminal offenses, including criminal offenses, and criminal offenses subject to punishment for drinking driving.

Nevertheless, the defendant is selected to be sentenced to imprisonment in that the defendant is engaged in driving under the influence of alcohol.

However, criminal records of fines due to drinking driving are in 2011, and thereafter, it is considered favorable to the defendant's past record of criminal punishment as well as drinking driving, and the fact that the defendant is seriously against the defendant.

In addition, the punishment as ordered shall be determined by comprehensively taking into account various circumstances, such as the motive for drinking alcohol driving, the place and distance where drinking alcohol driving is conducted, the circumstances after the crime is committed, the defendant's age, character and conduct, and the environment.