Defendant shall be punished by imprisonment for a term of one year and four months.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Punishment of the crime

[criminal power] On December 17, 2012, the Defendant was sentenced to a fine of KRW 1.5 million for a violation of the Road Traffic Act (driving) in the Daegu District Court Kimcheon branch on December 17, 2012, and was sentenced to a fine of KRW 1.5 million for a violation of the Road Traffic Act (driving) in the Daegu District Court Kimcheon branch on March 20, 2014.

【Criminal Facts】

On July 8, 2019, at around 23:10, the Defendant driven a Fpoter truck under the influence of alcohol leveling 0.116% in a section of about 500 meters from the front of the C frequency in Gumi-si B to the front of E in D.

Accordingly, the defendant, who has the power of violating the Road Traffic Act (driving) more than twice, was driving the above truck under the influence of alcohol again.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the state of driving under the influence of alcohol, and inquiry into the results of the control of drinking driving;

1. Previous convictions in judgment: Application of criminal records, reply reports, investigation reports, and statutes;

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 (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following consideration shall be repeated in favor of the reasons for sentencing):

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

1. Scope of applicable sentences under law: Imprisonment with prison labor for one year to two years and six months;

2. Application of the sentencing criteria: No sentencing criteria are set. 3. Considering that a defendant who has already been sentenced two times or more due to drinking driving and again commits a crime, the liability for the crime is not easy.

However, it is advantageous to the fact that the defendant has recognized all crimes, and there is no record of punishment for other crimes in addition to driving under drinking twice.

In addition to the above various circumstances, the defendant's age, character and conduct, occupation, family relationship, circumstances, attitude after the crime is committed.