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 November 30, 2006, the Defendant was issued a summary order of KRW 3 million at the Cheongju District Court on the grounds of a violation of the Road Traffic Act (driving).

【Criminal Facts】

On May 8, 2020, at around 16:05, the Defendant driven D Cargo Vehicles with approximately 5km alcohol concentration of about 0.370% from the front road of the Defendant’s house located in B to the front road of the same city, from May 8, 2020 to the road of the same city.

Accordingly, the defendant violated Article 44 (2) of the Road Traffic Act, which prescribes the duty to measure alcohol at least twice.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the crackdown on drinking driving, the results of crackdown on drinking driving, and the circumstantial statement of a drinking driver;

1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes concerning criminal records and investigation reports;

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. The reason for sentencing of Article 62-2 of the Criminal Act on orders to provide community service and attend lectures was two times for drunk driving, and the defendant has been punished once due to refusal of drinking alcohol measurement.

At the time of the instant case, the blood alcohol concentration was 0.370% higher than that of the instant case.

Considering this, the issue is hot.

However, considering the fact that the last punishment of the defendant was 2006 and there is no criminal history of punishment thereafter, the punishment shall be determined by comprehensively taking into account the defendant's age and behavior environment, motive means of crime, results of crime, circumstances after crime, etc., and all of the sentencing conditions stated in the arguments of this case and the records, and the execution of the punishment shall be suspended only once. It is so decided as per Disposition.