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 March 9, 2010, the Defendant received a summary order of KRW 1 million as a fine for a violation of the Road Traffic Act, from the Daejeon District Court on August 29, 201 to a fine of KRW 4 million, and KRW 7 million as a fine for the same crime in the Daejeon District Court on August 29, 201, and on October 29, 2015 from the same court.

Nevertheless, at around 12:00 on January 20, 2020, the Defendant driven a C treatment 25 tons truck truck under the influence of alcohol concentration of about 0.046% at the section of about 20km from the front of the lodging house located in Yongsan-gu, Seoyang-si B to the front of the 26.5km-ro, Kuri-si.

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

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Written statements of D;

1. The actual condition survey report, the occurrence of a traffic accident, the results of the crackdown on drinking driving, the circumstantial statement of a drinking driver, and the circumstantial report of a drinking driver;

1. The register of driver's licenses for tea and cars;

1. Photographs of the vehicle involved in the accident and video CDs;

1. Previous convictions in judgment: Criminal records, investigation reports (reports on suspect's records of drinking alcohol and necessity of transfer), and application of summary order-related Acts and subordinate 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 circumstances favorable to the accused below):

1. A suspended sentence of Article 62(1) of the Criminal Act provides that the risk and seriousness of the harmful effects of drunk driving and the actual accident occurred, the distance of operation is long, the same criminal power is three times, and the interval between the last criminal record and the last criminal record is relatively short, and the responsibility for the crime is very heavy, the possibility of criticism is large, and the degree of the blood alcohol level at the time is not relatively high, and the degree of the blood alcohol level at the time is relatively high, and there is a particular criminal power except for the previous criminal record.