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 June 16, 201, the Defendant was issued a summary order of KRW 2,50,000 as a crime of violating the Road Traffic Act (driving) at the Sungnam Branch of Suwon District Court on June 16, 201.

【Criminal Facts】

On September 14, 2019, at around 08:28, the Defendant driven C Poter cargo in the state of alcohol alcohol concentration of about 0.120% from the 30km section from the front road of the Jindong of Gwangju to the front road of Echeon-si. B.

Accordingly, the defendant has driven a cargo vehicle under the influence of alcohol in violation of the drinking regulations not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control results of drinking driving, report on the circumstances of drinking drivers, and report on the circumstances of drinking drivers;

1. A written appraisal of blood alcohol;

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 under Article 62-2 of the Criminal Act is that the driving of an order to attend a lecture is highly likely to infringe on the life and property of others as well as himself/herself.

The defendant, as a cargo driver, operated the above cargo lane in the state of drinking as a cargo driver, and the blood alcohol concentration is relatively high, and the risk seems to have been considerably high.

Therefore, there is a need to warn the defendant not to drive a drinking again, so the suspension of the execution of imprisonment is selected.

However, the fact that the defendant recognizes his mistake and reflects his mistake, and the interval between the previous drinking driving is favorable to the defendant.

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.