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

However, the execution of the above punishment for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

On July 2, 2010, the Defendant was sentenced to a fine of KRW 1.5 million for a violation of the Road Traffic Act (driving) at the Goyang Branch of the District Court in order to be sentenced to a fine of KRW 2.5 million in the same court on September 8, 2011.

On November 13, 2019, around 14:45, the Defendant driven Cpoter II trucks under the influence of alcohol with approximately 0.038% of alcohol level 0.038% at a section of about 3.4m of the same 15:03m of the same day from the roads located in Yongsan-gu, Yongsan-gu, Yongsan-si, Goyang-si to the roads located in 15:03 on the same day.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control of drinking driving;

1. Previous records of judgment: Criminal records, etc. inquiry reports, investigation reports (former records and reports of a suspect), suspect's previous records, and application of summary order 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. The reason for sentencing under Article 62-2 of the Criminal Act is that the defendant committed a second offense even though he/she had the record of punishment for drinking driving.

However, the sentencing conditions under Article 51 of the Criminal Act, such as the defendant's age, character and conduct, environment, motive, means and consequence, etc., shall be determined as follows: (a) the defendant recognizes and reflects the crime; (b) the blood alcohol concentration is not high at the time of drinking driving; and (c) there is no record of punishment exceeding the fine; and (d) the defendant has been punished.