A defendant shall be punished by imprisonment for one year.

except that 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 Justice] On November 27, 2001, the prosecutor stated in the indictment that the defendant was issued a summary order of KRW 700,000,000 as a crime of violating the Road Traffic Act in the Gwangju District Court's Maritime Court's Maritime Branch on November 27, 2001, but the above crime was deleted since it was a previous crime on June 1, 2006.

On February 1, 2008, the Defendant received a summary order of a fine of KRW 1.5 million for the violation of the Road Traffic Act in the Gwangju District Court's support on February 1, 2008.

【Criminal Facts】

On December 5, 2019, at around 13:50, the Defendant driven a 1 ton truck of Category D and 3 ton, while under the influence of alcohol content 0.065% at a section of about 3km, up to the front road of the entrance of the Southern Navy C in front of the dwelling of the Defendant located in the Southern Navy B.

Accordingly, the defendant has driven a motor vehicle under the influence of alcohol in violation of Article 44 (1) or (2) of the Road Traffic Act not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of a drinking driver, investigation report (report on the circumstantial statement of a drinking driver), inquiry into the results of the crackdown on drinking driving, and control details;

1. Previous conviction in judgment: Criminal history records, inquiry reports (A), investigation reports (verification of criminal records of the same kind as a suspect), one copy of summary order, and application of Acts and subordinate statutes of a list of related cases;

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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. The reasons for sentencing under Article 62(1) of the Criminal Act are the crimes prior to June 1, 2006, as stated in each week prior to one of the records, which were punished for drinking driving twice in the past two times.

Despite this, the driver was driving under the influence of alcohol.

However, after the crime of this case, the defendant divided his mistake, and disposed of the cargo of this case to prevent recidivism.

In addition, the violation of another person's life or property due to the crime of this case is actually done.