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

On June 6, 2019, at around 00:08, the Defendant driven a Fpoter II cargo vehicle with approximately 500 meters alcohol concentration of 0.205% at a distance of about 500 meters from the front line of C D in Thai-gun, Chungcheongnam-gun, Chungcheongnam-gun, to the front line of D.

Summary of Evidence

1. Defendant's legal statement;

1. A manual for measuring drinking alcohol;

1. Notification of the control of drinking driving;

1. The circumstantial statement of the employee;

1. Investigation report (report on the circumstances of an immigration driver);

1. Investigation report (Listening to statements of suspects - Temporary verification of drinking time);

1. Application of statutes on site photographs;

1. Article 148-2 (2) 1 and Article 44 (1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018) that applies to the relevant criminal facts and the choice of punishment;

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

1. The reasons for sentencing under Article 62-2 of the Criminal Act include: (a) the Defendant, who had been sentenced four times to a four-time fine due to drunk driving, once again drives alcohol; (b) the disadvantageous circumstances such as the fact that the blood alcohol concentration of the instant case was considerably high; (c) recognition of and reflects the Defendant’s mistake; and (d) the circumstances favorable to the Defendant, such as the fact that there was no recent severe criminal record; and (c) the circumstances favorable to the Defendant, such as the Defendant’s age, character and behavior, environment, motive for committing the crime, and the circumstances after committing the crime, etc.,