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 three years from the date this judgment becomes final and conclusive.

Punishment of the crime

[Criminal Power] On April 13, 2012, the Defendant was sentenced to imprisonment with prison labor for a violation of the Road Traffic Act (driving) at the Seoul Central District Court on April 13, 2012, and was in the same criminal record and five times.

【Criminal Facts】

At around 14:10 on January 17, 2020, the Defendant, even though he had a alcohol driving force as above, driven B Poter truck owned by the Defendant from the front side of Suwon-si, Suwon-si, Suwon-si, Suwon-si, the 0.136% alcohol concentration in blood, to the front road of Suwon-si, Suwon-si, Suwon-si, Suwon-si, The Defendant was driving the B Poter truck in the 5km section from the front side of Suwon-si, Suwon-si, Suwon-si.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the actual state of the driver;

1. Notification of the control of drinking driving;

1. Previous records: Application of Acts and subordinate statutes to criminal records and investigation reports (Attachment of the same kind of judgment);

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. The defendant of the reason for sentencing under Article 62-2 of the Social Service Order Criminal Act, even though he/she had been punished once a sentence due to drunk driving, he/she re-driving the motor vehicle.

The blood alcohol concentration of the instant case is high.

However, in light of the circumstances favorable to the defendant, such as the fact that the defendant is recognized as committing the crime, the occurrence of traffic accidents, the criminal record of the above punishment is in 2012, and there is no criminal record thereafter, the sentence of the defendant's sentence is harsh.

In addition, all the sentencing conditions recorded in the records of the instant case are comprehensively considered and decided as ordered in the Disposition.