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 October 4, 2002, the Defendant issued a summary order of KRW 1 million for a violation of the Road Traffic Act (driving) at the Suwon District Court on November 1, 2002; the same court issued a summary order of KRW 2.5 million for a fine for the same crime; on July 8, 2004, the same court was sentenced to a suspended sentence of six months for a violation of the Road Traffic Act (refluence of measurement); and on November 14, 2008, issued a summary order of KRW 2 million for a violation of the Road Traffic Act (refluence of measurement) at the leisure branch of Suwon District Court.

【Criminal Facts】

On September 6, 2019, at around 23:19, the Defendant driven C dump trucks with the influence of alcohol concentration of about 0.075% at the 6km section from the front day of the Gump B to the front road of Seocho-gu Seoul.

Accordingly, the defendant violated the Road Traffic Act (driving) more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statements of a drinking driver and report on the control of drinking driving;

1. Previous convictions in judgment: Application of Acts and subordinate statutes concerning criminal records and investigation status;

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 of Article 62-2 of the Criminal Code of the community service order (unfavorable circumstances) requires strict punishment for a crime that is likely to inflict harm on the life, body, or property of the driver as well as the driver himself/herself.

Defendant has been punished several times for the same crime.

【Pried circumstances】 The Defendant recognized the instant crime.

The defendant was punished for the same crime, and more than ten years have passed since he was punished for the same crime.

In addition, all kinds of sentencing shown in the trial process of this case, such as the defendant's age and reputation, character and health status, environment and family relationship, and circumstances after the crime.