A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Punishment of the crime

[Criminal Power] On October 29, 2007, the Defendant was sentenced to a fine of KRW 1,50,000 to a fine for violation of the Road Traffic Act (driving) in the Seocho District Court’s Seocho Branch.

【Criminal Facts】

Although the Defendant had been punished for drunk driving, at around October 29, 2019, the Defendant driven the Eco truck with approximately 0.103% of blood alcohol concentration from around 500 meters to the front road located in Sincho-si, Sincho-si around 20:23 on the same day from the front road of Sincho-si B apartment house (hereinafter referred to as the “B apartment”) around 20:18, 2019.

Accordingly, the defendant was driving under drinking not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control results of drinking-driving, report on the circumstances of drinking-driving drivers, and investigation report (report on the circumstances of drinking-driving drivers);

1. Previous records: The application of criminal records, inquiry and other Acts and subordinate statutes;

1. Relevant Articles 148-2 (1) and 44 (1) of the Road Traffic Act concerning criminal facts, Articles 53 and 55 (1) 3 of the Criminal Act concerning discretionary mitigation of imprisonment with labor;

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

1. The reason for sentencing under Article 62-2 of the Criminal Act, even though the defendant had been punished for the same crime, he again committed the same crime.

In addition, the crime of drinking driving is highly likely to cause danger to life, body and property of a third party, and there is a need for strict punishment.

However, the defendant's mistake is recognized, and the defendant's last punishment for the same kind of crime is before about 12 years from the case.

In addition, the sentence shall be determined as ordered in consideration of all the sentencing conditions, such as the background of the instant crime and the blood alcohol concentration of the Defendant at the time of the instant case.