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 October 21, 2008, the Defendant was issued a summary order of KRW 1,500,000 as a fine for a violation of the Road Traffic Act at the Sungnam Branch of Suwon District Court for the crime of violation of the Road Traffic Act.

【Criminal Facts】

On December 2, 2019, the Defendant was under the influence of alcohol of 0.151% in blood alcohol concentration at around 01:00, and driven B Poter II truck at a section of about 30 km from the Do located in the Yju-si to the 2 Young-dong Highway Stoping Office located in the Do located in Gwangju-ro 211.

Accordingly, the defendant has driven a motor vehicle under the influence of alcohol in violation of Article 44 (1) or (2) of the Road Traffic Act not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the situation of running a driving under the influence of alcohol, inquiry into the results of the crackdown on driving under the influence of alcohol, and the circumstantial statement of a drinking driver;

1. Previous convictions indicated in judgment: Criminal records and investigation reports (previous and previous confirmation) and application of summary order statutes attached thereto;

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 under Article 62-2 of the Criminal Act is that driving under the influence of alcohol is highly likely to infringe on the life and property of others as well as himself/herself, so it is highly necessary to strictly punish him/her, and the blood alcohol concentration of this case is considerably high.

However, the Defendant recognized the facts charged in the instant case and opposed thereto, and the interval between the previous drunk driving and the drinking driving in the instant case is relatively relatively high.

In addition, the defendant's age, character and conduct, the environment, the motive, means and result of the crime of this case, and the circumstances shown in pleadings, such as the circumstances after the crime, shall be determined as ordered.