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 April 21, 2008, the Defendant was issued a summary order of KRW 1,50,000 by the Changwon District Court as a crime of violation of the Road Traffic Act. On July 11, 2016, the Defendant was issued a summary order of KRW 1,50,000 for the same crime.

On January 14, 2020, at around 07:20, the Defendant driven a DNA cargo vehicle under the influence of alcohol level of about 0.060% from the 10km section to the front road of the Changwon-si C apartment bus bus stops in Changwon-si, Changwon-si, Seoul-si.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. Investigation report (report on the circumstances of an immigration driver);

1. Report on the situation of running a motor vehicle under the influence of alcohol;

1. Making a report on the control of drinking driving;

1. Previous records of judgment: Application of criminal records, inquiry reports, investigation reports (Attachment to the same type of power) and 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. 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, such as probation, community service order and order to attend lectures;

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

2. Non-application of the sentencing criteria: The sentencing criteria are not set.

3. Punishment by prosecution: Two years of imprisonment.

4. The Defendant, who was sentenced to a sentence, was sentenced to a fine twice (2008, 2016) due to a drunk driving, and was also under the influence of drinking.

However, the drinking driving did not cause a traffic accident while driving.

In the blood alcohol concentration of 0.060%, the state of exploitation is relatively not much significant.

In addition to the above-mentioned criminal records, only one fine has been imposed for other crimes.

In addition, all of the sentencing conditions shown in the records and arguments, such as the age, character and conduct, environment, motive, means and consequence of the crime, and the circumstances after the crime.