A defendant shall be punished by imprisonment for one year.

Punishment of the crime

【Criminal Force】 The Defendant was sentenced to a suspended sentence of two years for eight months as a crime of obstruction of performance of official duties at the Goyang Branch of the Jung-gu District Court on October 19, 2017, and the said judgment became final and conclusive on October 27, 2017, and is currently under suspended sentence.

【Criminal Facts】 The Defendant is a person who was sentenced to a suspended sentence of two years in a year of imprisonment with labor for a violation of the Road Traffic Act at a high-level court of the Jung-gu District on July 26, 2007, when driving under the influence of alcohol around May 30, 2007 and around June 13, 2007, and violated the provision on the prohibition of drinking under the influence of alcohol twice or more.

On February 3, 2019, at around 22:35, the Defendant driven an E-wit truck with a blood alcohol concentration of about 300 meters from a section of approximately 300 meters to the front road of the D judicial scrivener office located in the same city as Daehan, which was under the influence of alcohol content of about 0.285%.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the statement of the situation of a drinking driver, investigation report, and notification of the results of the regulation of drinking driving;

1. Previous records of judgment: Criminal records, inquiry reports, investigation reports (verification during the period of suspension of execution of punishment), and application of Acts and subordinate statutes to investigation reports (verification of the same type of force);

1. Article 148-2(1)1 and Article 44(1) of the former Road Traffic Act (amended by Act No. 16037, Dec. 24, 2018); Article 148-2(1) of the same Act (amended by Act No. 16037, Dec. 24, 201); Article 148-2(1) of the same Act (amended by Act No. 16037, Dec. 24, 201); the Defendant, on the grounds of sentencing for sentence

The defendant seems to have reached a serious level of attitude in law, such as without being aware of even during the period of probation and committing another crime.

However, the arguments of this case, such as the fact that the defendant's mistake is against the defendant, the fact that the last punishment was imposed due to drinking, the circumstances favorable to the defendant's past ten years shall be considered, and the circumstances leading to drinking, driving distance, driving distance, age, character and conduct, environment, family relation, etc.