A defendant shall be punished by imprisonment for one year.

except that 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 November 26, 2013, the Defendant was sentenced to a summary order of KRW 4,50,000 as a crime of violating the Road Traffic Act, at the Seo-gu District Court Branch Branch of the Daegu District Court on November 26, 2013. On November 5, 2015, the Defendant was sentenced to a suspended sentence of two years for six months.

Although the Defendant had been subject to punishment twice or more due to a violation of the Road Traffic Act (driving) as above, the Defendant driven a D-wing and Ⅲ truck from the front side of a public parking lot located in the Gyeongbuk-gun B to the front side of the Gyeongbuk-gun, 500 meters away from the public parking lot located in the Gyeongbuk-gun, 0.149% under the influence of alcohol level around 06:50 on January 12, 2019.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the status of the driver;

1. Notification of the results of the crackdown on drinking driving and the review of the results of the crackdown on drinking driving;

1. Previous convictions in judgment: Investigation report (a summary order and attachment of judgment) shall apply to statutes;

1. Article 148-2(1)1 and Article 44(1) of the former Road Traffic Act (wholly amended by Act No. 16037, Dec. 24, 2018; and enforced June 25, 2019); the choice of imprisonment for a crime;

1. The defendant in the suspended sentence under Article 62(1) of the Criminal Act, despite his/her previous conviction (in addition to the previous conviction in the above judgment, he/she has received a summary order of KRW 1.5 million as a crime of violating the Road Traffic Act in 2010). Also, considering the repeated driving of the above case, the high drinking level of drinking alcohol, the risk of drinking alcohol driving, and the necessity of strengthening the punishment therefrom, it is necessary to punish the defendant strictly.

Meanwhile, in full view of the following: (a) the Defendant recognized the Defendant’s mistake and did not repeat the crime while going against it; (b) there are no particular criminal records other than the previous criminal records; and (c) the driving distance, details of the crime; (d) circumstances after the crime; and (e) the prosecutor’s life penalty (one year of imprisonment) as ordered.