A defendant shall be punished by imprisonment for one year.

Punishment of the crime

[Criminal Power] On April 11, 2016, the Defendant was issued a summary order of KRW 1.5 million at the Cheongju District Court for a violation of the Road Traffic Act (driving). On November 24, 2016, the Defendant was sentenced to a fine of KRW 4 million for a violation of the Road Traffic Act (driving) at the Cheongju District Court.

On November 22, 2017, the Defendant was sentenced to 8 months of imprisonment with prison labor and 2 years of suspended execution for the crime of obstruction of performance of official duties by the Cheongju District Court, which became final and conclusive on November 30, 2017, and is currently suspended execution period.

【Criminal Facts】

On June 27, 2019, the Defendant driven a DNA cargo vehicle from approximately 800 meters away from the front side of the Seo-gu Seo-gu, Seowon-si to the front side of the Cheongju-si, Cheongju-si, in a state of alcohol of about 0.152% of blood alcohol concentration around 20:00.

Summary of Evidence

1. Defendant's legal statement;

1. Report on occurrence of the case, report on the results of the control of drinking driving, report on the circumstantial statements of drinking drivers, and investigation report (report on the circumstances of drinking drivers);

1. Records before and after judgments: Criminal records, inquiry reports, investigation reports (No. 12 and 15 No. 5 of the evidence list), each summary order, and the application of statutes of the judgment;

1. Relevant legal provisions concerning criminal facts, Articles 148-2 (1) and 44 (1) of the Road Traffic Act and imprisonment with prison labor;

1. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act (see, e.g., the reason for sentencing) reaches five times, and the defendant is a crime during the suspended execution period, not with the same force.

However, the time and frequency of the same kind of force, the degree of drinking, the degree of drinking alcohol, the age, character and conduct, intelligence and environment of the defendant, relationship with the victim, the motive, means and consequence of the crime of this case, and the circumstances after the crime, etc. shall be determined as ordered.