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

On November 3, 2016, the Defendant received a summary order of KRW 1,50,00,000 as a fine for the violation of the Road Traffic Act from the Suwon District Court's Ansan Branch for the crime of violation of the Road Traffic Act.

On October 29, 2019, at around 00:15, the Defendant driven C truck under the influence of alcohol concentration of 0.243% in the 2m prior road of Ansan-si.

Accordingly, the defendant violated the prohibition of drinking driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Investigation report, report on the situation of driving under the influence of alcohol, report on the results of the control of driving under the influence of alcohol, report on the record of measurement of alcohol, and report on the circumstantial statement of

1. Previous records of judgment: Application of criminal records, repeated statements, and copies of summary order Acts and subordinate statutes;

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. A suspended sentence should be imposed by taking account of favorable circumstances, such as the reason for sentencing under Article 62-2 of the Criminal Act on community service and lecture attendance order and the fact that the same crime was punished in 2006 and 2016, and the drinking water is highly high, but the interval between time and 2006 and the driving distance is extremely shorter than 2 meters.