A defendant shall be punished by imprisonment for not less than one year and six months.

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

[criminal power] On December 30, 2013, the Defendant was issued a summary order of KRW 5 million for a fine of KRW 3 million for a violation of the Road Traffic Act in the Daegu District Court racing support. On July 18, 2016, the Defendant issued a summary order of KRW 5 million for a violation of the Road Traffic Act.

【Criminal Facts】

On June 30, 2019, at around 01:25, the Defendant driven D D dump trucks with a blood alcohol concentration of about 2km from the front of C High School in Si-si, Si-si to the front road of the same city-dong.

As a result, the defendant, despite the fact that the Road Traffic Act has violated the prohibition of drinking driving, has driven a motor vehicle under the influence of alcohol.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the occurrence of a traffic accident and a report on actual condition investigation;

1. Notification of the results of the regulation of drinking driving, and report on internal investigation (the result of analyzing requests for appraisal of the blood alcohol concentration of a suspected person);

1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes to investigation reports (verification of sound driving records);

1. Relevant Articles 148-2 (1) and 44 (1) of the Road Traffic Act concerning the facts constituting the crime;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

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

1. The nature of the crime is not that of high blood alcohol concentration due to the sentencing of Article 62-2 of the Criminal Act, and that of high risk by driving dump trucks at the time, the defendant is very high.

However, in full view of the following factors: (a) the defendant reflects the crime; (b) the defendant did not have any record of the crime exceeding the fine; and (c) the defendant's age, character and conduct, environment, family relationship, circumstances after the crime; and (d) the sentencing conditions in the records were determined