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 May 13, 2008, the Defendant was sentenced to a summary order of 2.5 million won for a crime of violating the Road Traffic Act in Ansan Branch of Suwon District Court on May 13, 2008, and on May 4, 2012, the Defendant was sentenced to a suspended sentence of 2 months for a crime of violating the Road Traffic Act in Ansan Branch of Suwon District Court.

On October 22, 2019, around 09:18, the Defendant driven C 3 freight cars with a 0.065% alcohol concentration from the 1km section from the front of the French-dong, Songpa-gu Seoul to the front road of the same Gu to the same Gu.

Accordingly, the defendant violated Article 44 (1) of the Road Traffic Act not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. Previous records of judgment: Criminal records, reply reports, and application of Acts and subordinate statutes to investigation reports (verification of the same type of suspect 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;

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

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

1. Taking into account all circumstances, such as the defendant's erroneous determination of sentencing under Article 62-2 of the Social Service Order Criminal Act, the criminal records of the defendant, blood alcohol concentration level, driving distance, etc.