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 April 30, 2008, the Defendant received a summary order of KRW 700,000,000 as a fine for a violation of the Road Traffic Act (driving) from the Yeongdeungpo District Court (Seoul District Court), and a summary order of KRW 1 million as a fine for a violation of the Road Traffic Act (driving on May 24, 2013) from the Yeongdeungpo Branch of the Daegu District Court (Seoul District Court).

On January 23, 2020, the Defendant, while under the influence of alcohol of 0.093% of blood alcohol level around 01:29, driven the Daw-III truck from the front side of the Cju store located in Chungcheongnam-gun, Young-gun, Gyeong-gun, Gyeong-gun, the Defendant driven the Daw-III truck from the 10km section to the Young-gu Parking Lot located in the 887 territorial sea inside the territorial sea of the same Gun.

Accordingly, the defendant violated the prohibition of drinking driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Reporting on detection, investigation, and internal investigation reports;

1. Report on the results of the drinking driving control, report on the situation of a drinking driver, inquiry into the enemy, and detailed statement processing cases of 112 reported matters;

1. Previous records before ruling: Application of criminal records, repeated statements, investigation reports, and 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. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. On the grounds of sentencing under Article 62-2 of the Criminal Act, the punishment as ordered shall be determined by taking into account the following circumstances and the Defendant’s age, environment, character and conduct, motive, means and consequence of the crime, and the circumstances after the crime was committed, and the execution of the sentence shall be suspended on condition that the community service order and the order to attend a lecture shall be faithfully observed.

Unfavorable circumstances: The defendant has been sentenced twice a fine due to drunk driving, and the defendant's blood alcohol level is considerably high at the time of driving, and the defendant recognized all of the crimes in this case, and reflects his mistake.