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 July 7, 2010, the Defendant was issued a summary order of KRW 2 million for the crime of violating the Road Traffic Act at the Jung-gu District Court.

【Criminal Facts】

On July 22, 2020, at around 23:22, the Defendant driven a d-wing-III truck under the influence of alcohol, which is about 0.212% of the blood alcohol concentration, from a section of about 3 km from the roads in front of a mutual influence in Iron-gun B to the roads in front of the same armed forces.

As a result, the defendant violated the prohibition of drunk driving more than twice.

Summary of Evidence

1. Investigation report of the defendant's oral statement;

1. Notification of the results of the control of drinking driving (A), and report on the situation of drinking driving;

1. A detailed statement of processing 112 reported cases (A);

1. Previous convictions indicated in judgment: Criminal history records, inquiry reports, summary orders, and application of Acts and subordinate statutes to the list of related cases;

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 under Article 62-2 of the Criminal Act committed the instant crime even though the Defendant had been punished for drunk driving in 2010.

At the time of the instant case, the blood alcohol concentration is very high to 0.212%.

However, in comprehensive consideration of the following facts: (a) the defendant acknowledges and reflects the crime; (b) the last drunk driving record has long been old; and (c) the defendant's family head is flighted; (d) the defendant's age and character and conduct; (c) the defendant's age and personality and conduct; (d) family relationship; (e) motive and means of the crime; and (e) the circumstances after the crime