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 October 25, 2011, the Defendant was issued a summary order of KRW 2.5 million at the Cheongju District Court for a crime of violation of the Road Traffic Act. On October 1, 2013, the Defendant was sentenced to a suspended sentence of one year for imprisonment with labor for the same crime at the Cheongju District Court.

【Criminal Facts】

Although the Defendant violated Article 44(1) of the Road Traffic Act more than twice, on January 18, 2019, the Defendant driven a Bschton car under the influence of alcohol level of 0.188% in a section of about 50km from a considerable area of blue-si to a point of approximately 00:05 square meters at the upstream of the Bschton Highway to a point of about 311km.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the crackdown on drunk driving, report on the circumstances of drunk driving, and circumstantial statement of the driver;

1. Photographs;

1. Previous records: Application of Acts and subordinate statutes, such as criminal records, inquiry reports, and copies of written judgments;

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

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

1. The crime of this case on the ground of sentencing under Article 62-2 of the Criminal Act is not sufficient to commit the crime of this case, despite the fact that the defendant had been punished twice due to drunk driving in addition to the previous conviction in the judgment, and it is not good to commit the crime, and the blood alcohol concentration level of the defendant is very high.

However, the defendant's mistake is divided and again is expected not to drive under the influence of alcohol; traffic accidents have not occurred due to the crime of this case; the defendant has no particular criminal record during the last five years; the defendant's health status is not good; the defendant's age, character and conduct, intelligence and environment, family relationship, circumstances at the time of the crime, etc. shall be determined as ordered by the order, taking into account various sentencing factors in the trial process of this case including the defendant's age, character and behavior, intelligence and family relationship, and circumstances at the time of the crime.