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 this judgment becomes final and conclusive.

Punishment of the crime

On February 19, 2009, the defendant was issued a summary order of a fine of one million won by the Busan District Court for a violation of the Road Traffic Act.

On October 31, 2019, at around 23:10, the Defendant driven D cargo vehicles under the influence of alcohol at approximately 500 meters from the front day of sobrying soup to the front day of the C hospital located in B, the Defendant driven D truck under the influence of alcohol at approximately 0.072% of alcohol level from the 500-meter range from the 1st day of sobrying to the front day of

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

Summary of Evidence

1. Defendant's legal statement;

1. Making a report on the control of drinking driving;

1. The circumstantial statement of the employee;

1. Investigation report (Report on the status of an employee);

1. Previous convictions: Application of Acts and subordinate statutes concerning criminal records;

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;

2. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

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

4. Reasons for sentencing under Article 62-2 of the Criminal Act;

1. The scope of punishment by law: Imprisonment with prison labor for not less than one year nor more than two years and not more than six months;

2. Not applying the sentencing criteria: The sentencing criteria are not yet prepared for the crimes of violating the Road Traffic Act;

3. The decision-making driving of the sentence is not only abrupt of itself, but also a crime that can bring the life of an unspecified person, and is highly dangerous.

Although the Defendant had been punished as a fine due to drinking driving even before, the Defendant is not subject to the punishment for the crime by driving under drinking again.

However, the defendant seems to have led to confession and reflect on the crime of this case.

In 2009, after the defendant was punished for drinking driving, there have been more than one year.

The defendant's blood alcohol concentration level did not reach a serious level.

There is no power of punishment heavier than a fine.

In addition, the defendant's age, character and conduct, environment, motive and background leading to the crime, method and attitude of the crime, and circumstances before and after the crime.