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] In the Daegu District Court on September 11, 2008, the Defendant was issued a summary order of KRW 1.5 million for the violation of the Road Traffic Act (driving) and was subject to criminal punishment twice in total.

【Criminal Facts】

On September 26, 2019, at around 20:40, the Defendant driven a Dpoter Ⅱ truck with blood alcohol concentration of about 0.119%, from a dry field to the front road located in the same Gun, in a 5km section from a dry field, which is in the flap of the C, in the form of a flap, in the form of alcohol level of about 0.119%.

Accordingly, the defendant violated the prohibition of drinking driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. Notification of the result of the drinking driving control;

1. Report on the circumstances of an employee;

1. Previous convictions indicated in judgment: Criminal history records, inquiry reports (A) and the application of Acts and subordinate 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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. The reasons for sentencing under Article 62-2 of the Criminal Act include the defendant's occupation, age, character and behavior, environment, motive and circumstance of the crime, means and consequence of the crime, and other circumstances, including the fact that the defendant had been already punished twice due to drinking alcohol driving, and that the blood alcohol level was significantly high, and the traffic accident occurred due to drinking driving. The defendant did not occur due to the disadvantageous circumstances, such as the fact that there was no previous charge exceeding the fine, and the most previous previous department was 11 years prior to the previous department, and that there was a favorable circumstance, such as the defendant's attitude against the mistake, and other circumstances such as the defendant's occupation, age, character and behavior, environment, motive and consequence of the crime.