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

On November 19, 2012, the Defendant received a summary order of KRW 1,50,00,000 as a fine for the violation of the Road Traffic Act from the Suwon District Court's Ansan Branch for the violation of the Road Traffic Act.

On August 21, 2019, at around 00:45, the Defendant driven C 2 truck while under the influence of alcohol content of about 0.106% from a 100-meter section from the 200-meter road of Ansan-si to the above 200-meter road.

Accordingly, the defendant violated Article 44 (1) of the Road Traffic Act not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results and records of the drinking driving control, and a report on the circumstantial statement of a drinking driver;

1. Previous records before ruling: Application of criminal history records, investigation reports (former records and verification), 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. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Criminal Act, including the timing, frequency and contents of the previous punishment for drinking alcohol, and the blood alcohol concentration in the instant case;