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 September 20, 2018, the Defendant was issued a summary order of KRW 1.5 million by the District Court of Jung-gu as a crime of violation of the Road Traffic Act (driving).

【Criminal Facts】

On December 31, 2019, at around 13:10 on December 31, 2019, the Defendant driven B 2 cargo under the influence of alcohol leveling 0.137% from the 12km section to the front of the 13:45 day from the night island in Jyang-gu, Namyang-gu, Jyang-do to the front of the 10:45 day, the Defendant was under the influence of alcohol leveling from around 12km to the front of the 13:45 day.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statements of a drinking driver, and inquiry into the results of the control of drinking driving;

1. A written appraisal request and a written appraisal of blood alcohol;

1. Investigation reports (on-site situations, etc.);

1. Investigation report (a response to the results of appraisal conducted by the State and a floodmark combined case);

1. Evidence photographs;

1. Previous records: Criminal records, inquiry reports, confirmation of the same kind of power, and application of summary order-related Acts and subordinate statutes;

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 reasons for sentencing under Article 62-2 of the Criminal Act include the records of punishment for drinking driving in 2003 and 2018.

The Defendant committed the instant crime at the time when two years have not elapsed since then.

In addition, the defendant intentionally delayed the time to lower the blood alcohol concentration level after leaving the hospital to collect blood, and the circumstances after the crime are not good.

As above, community service is imposed at the interval with the previous penal records, taking into account the defendant's blood alcohol level (0.137%) and circumstances after the crime.

In addition, various sentencing conditions shown in the records and arguments of this case, such as the age, character and conduct, family relationship, and motive and means of crime.