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

On March 20, 2013, the Defendant was sentenced to a suspended sentence of two years for a year due to a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes and a violation of the Road Traffic Act, in the Hongsung branch of the Daejeon District Court.

On July 8, 2019, at around 00:25, the Defendant driven D Cargo Vehicles with approximately 200 meters alcohol concentration 0.119% under the influence of alcohol from the parking lot of Pyeongtaek-si building to the front road of the same city.

Accordingly, the defendant violated the provision on prohibition of drunk driving under the Road Traffic Act more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Each report on investigation;

1. Notification of the result of crackdown on drinking driving;

1. Application of Acts and subordinate statutes to criminal history records, reply reports, and investigation reports (verification of the same kind of power);

1. Relevant provisions of Article 148-2 (1) and Article 44 (1) of the Road Traffic Act, the choice of imprisonment for a crime, or 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. The execution of imprisonment with prison labor shall be suspended in consideration of the fact that the first head record of the crime is the whole crime, and the defendant repents his mistake, although the reason for sentencing under Article 62-2(1) of the Criminal Act, even though the defendant was punished again due to violence-related crimes, etc., the crime related to road traffic does not constitute a crime of this case. However, the execution of imprisonment with prison labor shall be suspended, and incidental disposition shall be imposed to prevent recidivism.