A defendant shall be punished by imprisonment for a term of one year and four months.

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 October 8, 2010, the Defendant was issued a summary order of KRW 2.5 million by the Suwon District Court for a crime of violation of the Road Traffic Act.

around 18:10 on April 16, 2020, the Defendant driven B Poter truck with approximately 5km alcohol content of about 0.189% at a distance of about 0.189% from the roads near the Yannam-gu Office, Yannam-do, 998 to the roads in front of the middle pharmaceutical distance of 105, Yannam-do.

Accordingly, the defendant violated the regulations prohibiting drinking driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of a drinking driver, investigation report, notification of the results of the regulation of drinking drivers, and photographs of a drinking-free tester;

1. Records of judgment: Criminal records, reply reports, and application of Acts and subordinate statutes to investigation reports (verification of criminal records of the same kind as a suspect);

1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1) and 44 (1) of the Road Traffic Act which choose the penalty;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

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

1. The crime of this case on the grounds of sentencing under Article 62-2 of the Criminal Act is that the defendant, who has a record of drinking driving, drives a motor vehicle again, and the crime of this case is not less than that of the crime, but the amount of blood alcohol concentration due to drinking of this case is higher.

The defendant has been subject to punishment because he/she has already been found to drive under drinking twice.

However, the fact that the defendant recognized the crime of this case and divided his mistake, the records of drinking driving of the defendant have passed nine years since the date of the crime of this case, and the defendant has no record of punishment more than a suspended sentence, and the defendant has no record of punishment yet to be punished, and the defendant's age, character and conduct, environment, motive and circumstance of the crime, means and result, etc., and the conditions of sentencing as shown in the records, such as the circumstances after the crime, shall be determined as ordered.