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 three years from the date this judgment becomes final and conclusive.

Punishment of the crime

[criminal power] On August 8, 2006, the defendant was issued a summary order of 4 million won by the Seoul Central District Court due to a violation of the Road Traffic Act (driving). On March 7, 2007, the defendant was sentenced to imprisonment for a violation of the Road Traffic Act (driving) and on March 7, 2007, the same court was sentenced to a suspended sentence of 2 years in addition to imprisonment for a violation of the Road Traffic Act (driving).

[2015 Highest 3494] On October 5, 2019, the Defendant driven a C-wing truck with a blood alcohol concentration of about 50 meters from around 50 meters from the front of the restaurant in which it is impossible to know the trade name in the name of Sejong Special Self-Governing City on October 5, 2015 to the front of the apartment complex of about 0.258 percent in the same Dong.

[2015 Highest 3867] On November 15, 2015, the Defendant driven a fixed-line cargo vehicle C with a blood alcohol concentration of about 500 meters from the 500-meter section, while under the influence of alcohol content of about 0.241%, from the supermarket, where it is impossible to find out the trade name in the area of Sejong-si, Sejong-si to the front direction of the Y-si, Sejong-si.

Summary of Evidence

[2015 Highest 3494]

1. Defendant's legal statement;

1. Notification of the results of the control of drinking driving, the report on the state of drinking drivers' statement, and the inquiry into the results of the control of drinking driving;

1. Defendant's legal statement;

1. Traffic accident report, actual condition survey report, report on detection of a drinking driver, report on the actual state of a drinking driver, and the ledger of use of a drinking emitting machine;

1. An accident site photograph (pre-trial record on the market);

1. A statement on criminal records, etc.;

1. Application of Acts and subordinate statutes to a criminal investigation report (report on the result of confirmation before and after disposition, report on the date of release from the military court), investigation report (former and previous judgments, etc.);

1. Relevant Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act (a point of sound driving) of the Act on the Punishment of Criminal Crimes, the choice of punishment, and the choice of imprisonment, respectively;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act ( considered favorable circumstances among the reasons for sentencing following the suspended sentence);

1. Probation and community service order under the Criminal Act;