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 16, 2007, the Defendant received a summary order of KRW 1 million as a fine for a violation of the Road Traffic Act (driving) from the Youngju District Court's Young-dong branch.

On August 8, 2019, at around 21:05, the Defendant driven the E-wing truck under the influence of alcohol content of about 0.107% from the section of approximately 1km from the front of the Daejeon Seo-gu, Daejeon to the front of the D-dong, Daejeon.

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

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Notification of the results of the control of drinking driving, report on the situation of a drinking driver, and a breath measurement photograph;

1. Previous conviction in judgment: Application of Acts and subordinate statutes of the investigative report (verification of the same kind of power);

1. Relevant laws concerning criminal facts, Articles 148-2 (1) and 44 (1) of the Road Traffic Act which choose the penalty, 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. The reason for sentencing of Article 62-2 of the Criminal Act requires the punishment corresponding to the crimes that may cause serious damage to the life, body and property of others.

The defendant was sentenced to a fine on one occasion due to a drunk driving, but he was driving again.

The blood alcohol concentration is high.

However, the previous conviction is relatively old.

The defendant recognizes his wrong and reflects his wrong.

There is a family member in need of support, such as the wife and the aged children.

Such circumstances and the defendant's age, character and conduct, family relationship, motive, means and consequence of the crime, and all the sentencing conditions shown in pleadings after the crime is committed shall be determined as ordered.