A defendant shall be punished by imprisonment for a term of one year and two months.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Punishment of the crime

[criminal power] On January 4, 2007, the Defendant driven a vehicle at the Chuncheon District Court as 0.188% of blood alcohol concentration on September 15, 2006, and on October 4 of the same year, the Defendant was sentenced to a suspended sentence of 8 months for a violation of the Road Traffic Act (driving) with respect to a crime that driven a vehicle at 0.11% of blood alcohol concentration on October 4 of the same year. On October 22, 2015, the Defendant was sentenced to a summary order of 6 million won for the same crime on May 8, 2015.

【Criminal Facts】

On December 29, 2019, the Defendant was under the influence of alcohol of 0.125% in blood alcohol concentration at around 10:58, the Defendant driven a Cwing-III truck at a section of about 60km from the front of the Gangseo-si, Gangwon-si to the front road of the Gyeonggi Pyeong-gu, Gyeonggi-gu, to the front road of the Twing-10 Twing-3 truck.

Summary of Evidence

1. Defendant's legal statement;

1. A report on detection of a host driver;

1. Previous convictions: Application of Acts and subordinate statutes concerning criminal records;

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 reasons for sentencing under Article 62-2 of the Criminal Act for probation and community service order are high in the blood alcohol concentration of the instant case, the probation and the probation of the community service order can be used before drinking drivers including probation: Provided, That the punishment shall be determined as ordered in consideration of all the conditions of sentencing, such as the fact that no personal or material damage is inflicted due to the instant crime,