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 September 23, 2016, the Defendant was sentenced to a suspended sentence of one year for six months by imprisonment with prison labor for a violation of the Road Traffic Act, etc. in the support of the Daejeon District Court in the Incheon District Court.

As above, the Defendant, despite the fact that he violated Article 44(1) or (2) of the Road Traffic Act, was driving D truck under the influence of alcohol concentration of about 0.043% from the uppermost of the “C” in the official city B around April 24, 2020 to the same ebsular intersection, in violation of this provision, and again driving D truck under the influence of alcohol content of about 3 km from the uppermost of the “C” to the same ebsular intersection.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statements of a drinking driver, and notification of the result of crackdown on drinking driving;

1. Inquiry reports, such as criminal records, and the application of Acts and subordinate statutes on investigation reports (verification of suspect-like 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. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (a violation of Article 55 (1) 3);

1. Article 62 (1) of the Criminal Act suspended execution ( comprehensively taking into account the criminal records of the accused, the blood alcohol concentration, the background leading up to the drunk driving, the driving distance, etc.);

1. Order to attend lectures under Article 62-2 of the Criminal Act;