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 March 30, 2007, the Defendant was issued a summary order of 700,000 won as a crime of violation of the Road Traffic Act by the Gwangju District Court, and on August 14, 2008, the Seoul Northern District Court was sentenced to a suspended sentence of 6 months for a violation of the Road Traffic Act.

On July 9, 2020, at around 0.59, the Defendant driven a ewing-III truck from approximately 8 km to the day front of the dormitory of the company located in B located in the same city, while under the influence of alcohol of 0.133% of blood alcohol level.

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. Notification of the results of the drinking driving control, and inquiry into the results of the drinking driving control;

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

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. Mitigation of discretionary mitigation under Articles 53 and 55(1)3 of the Criminal Act (see, e.g., circumstances, etc. described in the following sentencing grounds):

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

1. The Defendant for sentencing under Article 62-2 of the Criminal Act committed the instant crime again even though he/she was punished twice due to drunk driving. Since the instant crime was committed again, the instant drinking water level high, the Defendant is sentenced to imprisonment with labor.

However, considering the circumstances that may be considered in light of the fact that the previous criminal record of drinking alcohol driving and the date of the instant crime, the criminal defendant committed a misunderstanding of his/her own misconduct and thereby treating alcohol addiction, the term of punishment shall be set within the scope of the applicable punishment, and the execution of the punishment shall be suspended, but the punishment shall be imposed together with the order to order the completion of the compliance driving instruction.