A defendant shall be punished by imprisonment for one year.

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 June 8, 2007, the Defendant was sentenced to a suspended sentence of two years for a violation of the Road Traffic Act (driving) at the Seoul Southern District Court. On October 17, 2013, the Defendant was issued a summary order of KRW 5 million for the same crime at the Incheon District Court.

【Criminal Facts】

On December 4, 2018, the Defendant, as a person who violated Article 44(1) of the Road Traffic Act two or more times, driven a B-to-be motor vehicle with a blood alcohol concentration of about 0.136% in a section of about 37km from the roads near the Seocheon-gun Military Ri Bus Terminal in Seocheon-gu, Seocheon-gu, Seocheon-si to the point of 194K on the west-si Coastal Highway 194K.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the control of drinking driving, and report on the state of drinking drivers;

1. Previous convictions in judgment: Criminal records and the application of Acts and subordinate statutes governing two copies of judgment;

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the choice of punishment, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act;

1. Probation and community service order under Article 62-2 of the Criminal Act and all the conditions of sentencing indicated in the records, such as Defendant’s age, character and conduct, environment, circumstances before and after the instant crime, and circumstances leading to the instant crime, shall be determined as ordered by taking into account the following circumstances.

D. Unfavorable circumstances: The defendant's detention should be taken by the defendant, such as the fact that the defendant's wrong and seriously reflects his own fault, and that the defendant is working on an expressway with a total of five times, but there is a high possibility of recidivism and criticism, and that the defendant caused an accident that may conceal the rear of the cargo vehicle on the front side while driving on an expressway with a blood alcohol concentration of 0.136%.