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 25, 2016, the Defendant was sentenced to a fine of KRW 5 million for a violation of the Road Traffic Act (driving) at the District Court of Jung-gu, 2016.

On December 14, 2019, at around 13:50 on December 14, 2019, the Defendant driven Ebbbb- truck from the parking lot C located in Gyeonggi-gun B, to the front road of Gyeonggi-gu Down-gun, while under the influence of alcohol content of about 400 meters at approximately 0.098%.

Accordingly, the defendant violated the prohibition of drinking driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the status of running a driving under the direction of the driver, report on the status of the driver under the direction of the driver under the direction of the driver under the direction of appraisal, report on the investigation (demark) and report on the investigation (the date, time and

1. Application of Acts and subordinate statutes to criminal records, etc. inquiry reports (A), investigation reports (Attachment to the same type of criminal records, written judgments, etc.);

1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1) and 44 (1) of the Road Traffic Act which choose the penalty;

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

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

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

1. The scope of punishment by law: Imprisonment with prison labor for a period from one year to two years and six months;

2. No sentencing criteria shall be set;

3. In light of the fact that the Defendant was punished for each of the crimes of violation of the Road Traffic Act around 2001, around 2002, and around 2016, the Defendant had the record of punishment, the interval with the previous penal records, the blood alcohol content of the instant case is 0.098%, and the Defendant showed the attitude of reflecting it. In particular, taking into account the following factors, the Defendant’s age, character and conduct, family relationship, motive and means of the crime, and circumstances after the crime, etc., the sentence shall be determined as per the Disposition, by comprehensively taking into account the various sentencing conditions indicated in the instant records and arguments