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

[Criminal Power] On November 25, 201, the Defendant received a summary order of KRW 2 million as a fine for a violation of the Road Traffic Act in the Youngcheon District Court’s Young-gu branch on November 25, 201.

【Criminal Facts】

On November 7, 2019, at around 00:09, the Defendant driven a ewing-III freight vehicle with a blood alcohol concentration of about 0.114% under the influence of alcohol from around 200 meters to the front road of the C apartment D-dong, Taecheon-si bus bus stops.

Accordingly, the Defendant violated the prohibition of driving under the influence of alcohol not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the occurrence of a traffic accident, a report on actual condition, a report on the results of the drinking driving control, a photograph of the scene of the accident, and an investigation report (victim telephone investigation);

1. Previous convictions in judgment: An inquiry letter and application of summary order-related Acts and subordinate statutes;

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. Reasons for sentencing under Article 62-2 of the Criminal Act for orders to attend lectures and orders to provide community service;

1. The scope of applicable sentences: Imprisonment with prison labor for a period of one year to two years and six months;

2. Scope of recommendations: Non-application of the sentencing criteria.

3. The Defendant, who was sentenced, driven a cargo vehicle of about 200 meters while under the influence of alcohol content of 0.114%.

The defendant has been punished for a fine of KRW 500,00 for a drunk driving in 200 and a fine of KRW 2 million for a drunk driving in 2011.

The punishment as ordered shall be determined by comprehensively taking into account the following factors: (a) the blood alcohol concentration and distance, driving distance, the contents and distance of previous punishment records, and the age, character and conduct, family relationship, motive and means of a crime, circumstances after a crime, etc.; and (b) various sentencing conditions shown in the records and arguments of this case