A defendant shall be punished by imprisonment for one year.

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

On April 10, 2019, the Defendant, while under the influence of alcohol of 0.205%, driven a fwing-III truck from the 3km section to the 3km road of 'E stations' located in D in the same city from the front of the office of 'C' located in D in the original city under the influence of alcohol of 0.205%.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control of drinking driving;

1. Application of Acts and subordinate statutes to the written circumstantial statement report to a host driver;

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (2) 1 and 44 (1) of the Road Traffic Act, the choice of punishment, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act;

1. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act of the community service and order to attend lectures: the drinking driving rate is very high.

Considering the fact that the statutory penalty has been continuously aggravated due to serious social harm caused by drinking driving and changes in the legal sentiment of the general public, there is a need to strictly punish the drinking driving crime.

The blood alcohol concentration is very high at the time of the driving of the instant drinking.

The defendant driven while under the influence of alcohol and caused a traffic accident.

(Compensation for physical damage and this part is not prosecuted). The favorable circumstances: there is no record that the defendant has been punished by imprisonment with prison labor or more.

Although the defendant has been punished several times as a crime of drunk driving, the recent records of the crime have been sentenced to a fine of up to 3 million won in 2008, which was about 11 years prior to the 2008.

The defendant is in depth against the crime of this case.

Other circumstances, such as the age, character and conduct, the environment, the motive and background of the crime, the result of the crime, and the circumstances after the crime, etc., which are the conditions for the sentencing as shown in the arguments in this case, shall be determined as the sentence as