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

[Criminal Power] On October 8, 2013, the Defendant was sentenced to a fine of KRW 5 million by the Ulsan District Court for a violation of the Road Traffic Act (driving).

【Criminal Facts】

around 21:00 on October 16, 2019, the Defendant driven F Star Cargo at the section of approximately 1.1km from the Gangwon-gun B, C, and the front road of D and E, while under the influence of alcohol by 0.129% of the blood alcohol concentration.

Accordingly, the Defendant violated the prohibition of driving under the influence of alcohol not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report, a report on the results of the control of drinking driving, a report on the circumstantial statement of a drinking driver, a report on internal investigation (Attachment to relevant photographs), and a criminal investigation report (verification of the distance of drinking driving by a suspect);

1. Previous records of judgment: Criminal records, inquiry reports, and application of statutes governing 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. Reasons for sentencing under Article 62-2 of the Criminal Act for orders to attend lectures and orders to provide community service;

1. The scope of applicable sentences: Imprisonment with prison labor for a period of one year to two years and six months;

2. Scope of recommending sentences: Non-application of the sentencing criteria.

3. The Defendant: (a) driven a car under the influence of alcohol level of 0.129%; (b) approximately 1.1km.

In 2013, the Defendant has been punished for a traffic accident crime that occurred without a license for drinking in 2013.

The punishment as ordered shall be determined by comprehensively taking into account the following factors: (a) the blood alcohol concentration and distance, driving distance, the contents and distance of previous punishment records, and the age, character and conduct, family relationship, motive and means of a crime, circumstances after a crime, etc.; and (b) various sentencing conditions shown in the records and arguments of this case