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

[Criminal Power] On February 28, 2008, the Defendant received a summary order of KRW 1,50,000,000 as a fine for a violation of the Road Traffic Act in the Daegu District Court's Ansan Branch.

【Criminal Facts】

On June 25, 2019, at around 19:30, the Defendant driven an Epoter II cargo vehicle while under the influence of alcohol leveling 0.065% from the 3km section from the dwelling area of C in the Gancheon-gun, G to D.

Accordingly, the defendant violated the prohibition of drinking driving twice.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the occurrence of the case;

1. Notification of the result of crackdown on drinking driving;

1. The circumstantial statement of the employee;

1. Previous convictions indicated in the judgment: Criminal history records, inquiry reports (Attachment of a summary order attached to the same type of power), and application of Acts and subordinate statutes of a copy of the summary order;

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 was punished by a fine due to drunk driving in 2008, and again committed a drunk driving, and it is inevitable to choose a sentence of imprisonment.

However, considering the fact that the defendant appears to recognize and reflect the crime of this case, the defendant has no record of criminal punishment other than the above previous conviction, and other circumstances shown in the pleadings, such as the defendant's age, character and conduct, environment, motive, means and consequence of the crime of this case, etc., the punishment as ordered shall be determined.