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

[criminal power] On April 30, 2008, the Defendant received a summary order of KRW 1.5 million as a crime of violating the Road Traffic Act (driving) from the Changwon District Court branch on April 30, 2008, and on February 21, 2014, the same court issued a summary order of KRW 4 million as a crime of violating the Road Traffic Act (driving).

【Criminal Facts】

On July 6, 2020, the Defendant, as a person with the power of violating the duty of prohibition of driving under the influence of alcohol, driven a dump truck under the influence of alcohol with approximately 25km alcohol concentration of 0.190% from the roads in front of C in Gohap-gun, Chungcheongnam-gun B to the roads in front of the same Don-gun.

Summary of Evidence

1. Reports on the occurrence of traffic accidents by defendants' statutory statements, reports on the drinking driving and control results, and circumstantial statements of drinking drivers;

1. Previous records of judgment: Criminal records, inquiry reports and application of Acts and subordinate statutes to investigation reports (verification of criminal records of the same kind of suspect);

1. Relevant 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. 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 defendant's age, character and behavior, environment, background of the crime, circumstances after the crime, and other various sentencing conditions specified in the records and arguments of this case shall be determined as follows: (a) under the favorable circumstances in which the defendant had been subject to three times punishment due to drinking driving; (b) blood alcohol level was high at the time; (c) the defendant's vehicle was recovered due to drinking driving; and (d) the accident that fell in the field due to the defendant's motor vehicle was reversed: The defendant's mistake is recognized and reflected; (d) the defendant's family and person who has no record of punishment exceeding the fine; and (e) the defendant's family and person who want to take a preference to the defendant;