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 April 19, 2017, the Defendant was sentenced to a fine of KRW 3 million by the Jung-gu District Court on the grounds of the violation of the Road Traffic Act (driving).

[Criminal Power] On June 9, 2020, at around 20:30, the Defendant driven an Epoter II cargo vehicle with a blood alcohol concentration of about 0.168% from the 500-meter section from the front of the convenience store in Gyeonggi-si B to the front of the same temporary border.

Accordingly, the defendant violated the prohibition of drinking driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Requests for appraisal of blood alcohol concentration concentration in a blood report on a blood collection report from a drinking driver, reporting on the situation of a drinking driver, reporting on the status of his/her driving under alcohol, and response to requests for appraisal of a blood alcohol concentration, and requests for appraisal;

1. Previous records of judgment: Application of criminal records, inquiry reports, and Acts and subordinate statutes governing the confirmation of records of drinking driving;

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. 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 Article 62-2 of the Criminal Act, despite the fact that the Defendant had been punished for drunk driving in 2017, committed the instant crime.

The defendant has been punished several times for driving without a license.

At the time of the instant case, the blood alcohol concentration was considerably high by 0.168%.

However, considering the fact that the defendant recognizes the crime of this case, the defendant's health is not good, the distance of drinking driving, the circumstances of crackdown, the age and character of the defendant, personality and conduct, family relationship, motive and means of the crime, circumstances after the crime, etc., the punishment as ordered shall be determined by comprehensively taking into account various sentencing conditions shown in the records and arguments