A defendant shall be punished by imprisonment for two years.

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 October 31, 2008, the Defendant was sentenced to a summary order of a fine of 4 million won at the Seoul Southern District Court on the grounds of a violation of the Road Traffic Act, etc., on two occasions more.

【Criminal Facts】 On September 4, 2019, at around 21:35, 2019, the Defendant driven the D class III cargo vehicle with a blood alcohol concentration of about 0.144% from the 9km section from the front of the cafeteria located in Seosan-si B to the front of C.

Accordingly, the defendant was driving under the influence of alcohol not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the results of drinking control;

1. Previous convictions indicated in judgment: Application of criminal history records, investigation reports (former records and summary orders attached) Acts and subordinate statutes;

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. Article 62 (1) of the Criminal Act;

1. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act: Circumstances in which the previous case and the order to keep a probation or attend lecture are favorable to the four times: after 2008, the fact that there is no previous conviction exceeding the fine, and the fact that there is no previous conviction, the defendant's age, character and conduct, environment, criminal records, criminal records and circumstances after committing the crime, etc. shall be determined as the same as the order, in consideration of all the sentencing conditions specified in the pleadings