A defendant shall be punished by imprisonment for a term of one year and two 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

On December 5, 2008, the Defendant issued a summary order of KRW 2 million for a crime of violation of the Road Traffic Act at the Suwon District Court, and on February 4, 2016, the Defendant was sentenced to a fine of KRW 1.5 million for the same crime at the same court.

At around 19:50 on October 12, 2019, the Defendant driven an Epoter II truck under the influence of alcohol leveling 0.075% in the section of approximately 3km from “C” located in Suwon-gu, Suwon-si, Suwon-si B to the front of the same Gu.

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

Summary of Evidence

1. Defendant's legal statement;

1. Report on the occurrence of the case;

1. The circumstantial statement of the employee, the report on the status of the employee, and the written appraisal of the employee;

1. Records of judgment: Application of Acts and subordinate statutes, such as criminal records, reply reports, and written judgments;

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

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 with regard to the crime of this case is that the defendant, who has a record of drinking driving, drives a motor vehicle again, and the nature of the crime is not that of the crime;

However, the defendant recognized the crime of this case and divided his mistake, and the year 2008 during the influence of drinking driving of the defendant has passed since the date of the crime of this case, and the defendant's age, character and behavior, environment, motive and circumstance of the crime of this case, means and result, etc., the punishment as ordered shall be determined by taking account of various circumstances, which are the conditions of sentencing as shown in the record, such as the circumstances after the crime, etc.