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 April 6, 2007, the Defendant received a summary order of KRW 1,50,000 from the Suwon District Court to a fine of KRW 1,50,000 for a violation of the Road Traffic Act, and on August 28, 2015, a fine of KRW 1,00,000 for a violation of the Road Traffic Act from the Cheongju District Court in order to a fine of KRW 2,00 for a violation of the Road Traffic Act.

On September 30, 2019, the Defendant driven a d treatment 25 tons truck vehicle under the influence of alcohol content of about 0.038% at a section of about 3 km from the front of the C parking lot located in Seocheon-si B to the front of the Central Highway in Geumcheon-si, Geumcheon-si.

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 a traffic accident;

1. The circumstantial report and investigation report of the employer-employed driver (the circumstantial report of the employer-employed driver);

1. Inquiry into the result of the crackdown on drinking driving;

1. Criminal records: Application of double-entry Acts and subordinate statutes, such as criminal history records, investigation records (verification on two occasions before the same type of crime), and summary order;

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. 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 extenuating circumstances among the reasons for sentencing);

1. The sentencing conditions indicated in the records, such as the defendant's age, occupation, character and conduct, family relationship, and circumstances before and after the crime, under the grounds for sentencing under Article 62-2 of the Criminal Act, shall be determined as ordered by taking into account the following circumstances:

Unfavorable circumstances: A defendant has been punished for a violation of the Road Traffic Act on or around 2007 and on two occasions around 2015.

The favorable circumstances: The mistake is recognized and reflected.

In the previous night, it falls under the so-called night driving after drinking alcohol and diving, and the blood alcohol concentration is relatively low.