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 January 18, 2008, the Defendant was issued a fine of KRW 2 million at the Suwon District Court as a crime of violation of the Road Traffic Act.

【Criminal Facts】

On June 2, 2020, at around 19:00, the Defendant driven D class III truck with blood alcohol concentration of about 0.114% while under the influence of alcohol at approximately 100 meters from the 100-meter section from the place of insular transit to the front of the C class in king-si.

Accordingly, the Defendant driven a motor vehicle under the influence of alcohol not less than twice in violation of the prohibition of drinking driving.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the status of the driver;

1. Notification of the control of drinking driving;

1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes reporting criminal investigations (the same criminal records against a suspect);

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. Reasons for sentencing under Article 62-2 of the Criminal Act;

1. Scope of applicable sentences under law: Imprisonment with prison labor for a period from one year to two years;

2. In full view of the facts that the defendant, who has been sentenced to a sentence of imprisonment four times due to drinking driving, once again drives under the influence of a fine, reflects his mistake, has no record of punishment due to drinking driving for the last ten years, there is no record of a fine exceeding the fine, and all other circumstances of sentencing as shown in the records, the sentence shall be determined as ordered.