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 October 15, 2014, the Defendant was issued a summary order of KRW 4 million as a fine for a violation of the Road Traffic Act (driving) by the Incheon District Court.

On October 12, 2019, the Defendant, while under the influence of alcohol around 00:47%, driven D-wing and 3 trucks at a section of approximately 100 meters from B before the Gyeonggi-si to C at the same time.

As a result, the defendant violated the Road Traffic Act (driving) more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the actual state of the driver;

1. A written appraisal of blood alcohol;

1. Previous records of judgment: Application of criminal records, repeated statements, and copies of summary order Acts and subordinate statutes;

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. Article 62 (1) of the Criminal Act;

1. The reason for sentencing of Article 62-2 of the Criminal Act on the grounds of the order to provide community service and attend lectures is an offense in which the life of a person who is not only his/her own but also another person can be taken, and the nature of the offense was bad, and the blood alcohol concentration of the defendant was relatively high, and the defendant driving a truck with a high risk while under the influence of alcohol is disadvantageous to the defendant.

However, considering the circumstances favorable to the defendant, such as the fact that the defendant recognized the crime of this case, there is no record of punishment for the same kind of crime in addition to the one-time fine, there is no record of punishment exceeding the fine, the driving distance is relatively short, etc., as well as the overall sentencing factors indicated in the records and arguments of this case, such as the defendant's age, environment, character and conduct, motive and means of the crime, circumstances after the crime, etc., the sentence shall be determined as per the order, and the execution of the sentence shall be suspended only once.