A defendant shall be punished by imprisonment for two years.

Punishment of the crime

[criminal power] On February 3, 2015, the Defendant was issued a summary order of KRW 1.5 million for a crime of violating the Road Traffic Act in the credit branch of Suwon District Court on February 3, 2015. On January 20, 2017, the Defendant was sentenced to imprisonment for six months with prison labor for the same crime and for two years of suspension of execution for the same crime. On February 10, 2017, the Defendant was issued a summary order of KRW 5 million for the same crime by the same court.

【Criminal Facts】

On June 10, 2019, at around 21:30, the Defendant driven a D-wing-off truck with a blood alcohol concentration of about 0.135% from the front parking lot of a restaurant located in Ischeon-si B to the front road of the Chungcheongnam-si, Chungcheongnam-si.

Summary of Evidence

1. Defendant's legal statement;

1. An accident site photograph;

1. Notification of the control of drinking driving;

1. The circumstantial statement of the employee;

1. Investigation report (report on the circumstances of an immigration driver);

1. The actual condition survey report;

1. The suspect, telegraph, weight photograph, etc.;

1. Application of the Radmark formula;

1. Criminal records: Application of criminal records, reply reports (A), investigation reports (formers and confirmations) Acts and subordinate statutes;

1. The pertinent legal provision on criminal facts and Articles 148-2(1) and 44(1) of the Road Traffic Act’s Sentencing for sentencing four times within five years following the lapse of the suspension period due to driving under the influence of alcohol and driving under the influence of alcohol again, and the name of the crime is carried out again as long as criminal punishment has not yet been imposed, and the crime is repeated within a short period. The previous crime is likely to have been committed by blood alcohol concentration at the time of driving under the influence of alcohol (0.148%, 0.154%) and the blood alcohol concentration at the time of the instant crime is also higher than 0.135%. The occurrence of the accident does not seem to have any circumstance to consider discretionary mitigation. In addition, the punishment is to be determined in consideration of the background of the crime, criminal records, criminal records, circumstances after the crime, and other sentencing conditions.