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A defendant shall be punished by imprisonment for two years.
However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On November 24, 2017, the Defendant was issued a summary order of KRW 4 million for the crime of violating the Road Traffic Act in the support of the Southern District Court of Jeonju on November 24, 2017.
On May 8, 2020, the Defendant, while under the influence of alcohol of 00:0%, driven a fwing-III truck on the road of approximately 13 km section from around C cafeteria in the former Northern-gun B to the front in D in the front of the former Northern-gun, the Defendant driven a fwing-III truck.
As a result, the defendant violated the Road Traffic Act (driving) more than twice.
Summary of Evidence
1. Defendant's legal statement;
1. Reports on internal accidents;
1. The circumstantial statement of the employee;
1. Investigation report (report on the circumstances of an immigration driver);
1. Notification of the control of drinking driving;
1. Previous convictions in judgment: Criminal history records, inquiry reports, confirmation of criminal records, and copies of summary order Acts and subordinate statutes shall apply;
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. Article 62 (1) of the Criminal Act;
1. Probation, community service order, and order to attend a lecture under Article 62-2 of the Criminal Act: (a) the enforcement of a sentence shall be postponed on the condition of probation, community service, and order to attend a lecture, taking into account the following: (b) the high drinking alcohol level for sentencing of Article 62-2 of the Criminal Act is high; (c) the details of detection (the detection of a person who was driven by a 112 report by a scam driving); (d) the same criminal records [a fine of one million won for the violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents, (d) November 7, 2003; and (e) a fine of four million won for the violation of the Road Traffic Act (d) November 24, 2017]; and (e) there was no history of punishment two times other than the above fines;
In addition, the defendant's age, character and conduct, environment, motive, means and result of the crime, and the conditions of all the sentencing shown in the arguments in this case, such as the circumstances after the crime, shall be determined in the same manner as the order.