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 this judgment becomes final and conclusive.

Punishment of the crime

On March 11, 2014, the Defendant received a summary order of KRW 3 million as a crime of violation of the Road Traffic Act from the Gwangju District Court.

Around 21:00 on December 6, 2019, the Defendant driven a f25 tons cargo vehicle from the section of about 108 km from the front side of Busan Gangseo-gu to the E (Secheon-si) located in Gyeongcheon-si, Gyeongnam-si, Busan, while under the influence of alcohol content of 0.146%.

Accordingly, the defendant violated Article 44 (1) of the Road Traffic Act not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the results of the drinking driving control (before the application of the Flamark formula) and notification of the results of the drinking driving control (after the application of the Flamark formula);

1. Investigation report (related to the application, etc. of the Madmark formula to A);

1. Previous records of judgment: Criminal records, etc., inquiry reports, investigation reports (Attachment of the same criminal records and summary orders), and application of Acts and subordinate statutes of a copy of summary order;

1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1) and 44 (1) of the Road Traffic Act (Selection of Imprisonment or 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 Defendant, on the grounds of sentencing under Article 62-2 of the Criminal Act regarding the order to provide community service and attend lectures, was sentenced to imprisonment for the pertinent case, even if he/she was punished by a fine due to drinking alcohol in 2014, and the blood alcohol concentration (0.146%) was high, and the distance of drunk driving (108km) was also high. Thus, the Defendant is sentenced to imprisonment.

However, the execution of the sentence under Article 51 of the Criminal Act is suspended considering the fact that the defendant has no history of punishment exceeding a fine, the interval between the record of the punishment for the above drinking driving and the time between the crime of this case is about five years, and other comprehensive consideration of the sentencing conditions stipulated in Article 51 of the Criminal Act, such as the defendant's age, character and conduct, environment, and the circumstances after the crime,