A defendant shall be punished by imprisonment for one year.

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 February 16, 2016, the Defendant was sentenced to a penalty of KRW 2.5 million for the violation of the Road Traffic Act in the Changwon District Court Msan Branch on February 16, 2016.

Although the Defendant had been punished for drunk driving as above, on January 27, 2020, the Defendant driven a fbeco truck from about 50 meters from the C Sa-distance located in Hanam-gun, Hanam-gun, to the E gas station located in D, while under the influence of alcohol at around 0.220% of alcohol level around 12:18.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. Investigation report (report on the circumstances of an immigration driver);

1. Requests for appraisal;

1. A report on detection of a host driver;

1. Previous records before ruling: Application of criminal records, repeated statements, investigation reports, and 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. Mitigation of discretionary mitigation under Articles 53 and 55(1)3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following consideration shall be repeated in favor of the reasons for sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act, such as probation, community service order and order to attend lectures;

1. Scope of applicable sentences under law: Imprisonment with prison labor for one year to two years and six months;

2. Non-application of the sentencing criteria: The sentencing criteria are not set.

3. Gu type of public prosecutor: Two years.

4. The Defendant, who was sentenced to a sentence, was under the influence of drinking, even though he had the ability to punish a fine once in 2016 due to a drunk driving.

There are several times that have been punished for driving without license.

The state of being taken as the blood alcohol concentration of 0.220% is serious.

In the process of drinking control, it is not good after committing a crime by putting a complaint on the measuring values and committing a scambling, etc.

However, the distance of drinking driving is relatively long.

The degree of traffic accident was not severe and there was no occurrence of human life damage.

The age, character and conduct, environment, motive, means, results, and post-crime of the defendant.