A defendant shall be punished by imprisonment for not less than one year and six months.

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Punishment of the crime

[criminal record] On April 30, 2009, the Defendant was sentenced to a fine of three million won for a violation of the Road Traffic Act (driving) at the Chuncheon District Court on April 30, 2009, and a fine of four million won for a violation of the Road Traffic Act (driving) at the Chuncheon District Court on October 1, 2010.

[Criminal Facts] On September 10, 2019, at around 22:47, the Defendant driven B Poter truck in approximately 3.5km from the trade name in Samcheon-dong, Samcheon-si to the two-way roads of the same city in the same city, while under the influence of alcohol of 0.181%.

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. The application of Acts and subordinate statutes to report criminal records, US records, and results of confirmation;

1. Relevant legal provisions concerning criminal facts, Articles 148-2 (1) and 44 (1) of the Road Traffic Act that choose the penalty, and the choice of imprisonment ( Consideration of the power to drive sound and the degree of drinking alcohol, etc.);

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Suspension of execution under Article 62 (1) of the Criminal Act (the time, period, and radius of the previous records of drinking alcohol driving, the age and environment of the defendant, the means and consequence of the crime, and the circumstances after the crime, etc.);

1. Order to attend lectures or order to provide community service under Article 62-2 of the Criminal Act;