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

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

【Criminal Power】 The Defendant was issued a summary order of a fine of one million won for a violation of the Road Traffic Act in the Daegu District Court Kimcheon-do, around November 10, 2010, as well as a person who had a criminal record of a total of six times of violation of the Road Traffic Act (driving).

【Criminal Facts of Crimes】 On August 27, 2019, the Defendant driven the Epoter Ⅱ truck from the front of the Ccafeteria located in Kimcheon-si, Kimcheon-si B to the front of the same city, while under the influence of alcohol content concentration of about 700 meters at a section of about 0.079%.

Accordingly, the Defendant violated the duty of prohibition of driving under the influence of alcohol not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the drinking driving control, and the use register of a drinking measuring instrument;

1. Previous records before ruling: Application of criminal records, repeated statements, investigation reports, and statutes;

1. Relevant Article of the Act on Criminal facts and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act which choose the penalty;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following consideration shall be repeated in favor of the reasons for sentencing):

1. Reasons for sentencing under Article 62-2 of the Criminal Act for orders to attend lectures and orders to provide community service;

1. Scope of applicable sentences under law: Imprisonment with prison labor for one year to two years and six months;

2. Application of the sentencing criteria: Not set;

3. The criminal defendant's decision-making has already been punished several times for the same kind of crime, and among them, the criminal liability is heavy and there is a concern about the risk of recidivism of the criminal defendant, considering the fact that the criminal defendant has repeatedly committed a crime even though imprisonment with prison labor is included in the sentence of imprisonment;

However, there is a reason to consider the fact that the defendant recognized and reflected the crime, and that the defendant has no record of punishment since 2010.

In addition to the above various circumstances, the defendant's age, character and conduct, occupation, criminal record, family relationship, circumstances after the crime was committed.