A defendant shall be punished by imprisonment for one year.

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

[criminal power] On November 21, 2008, the Defendant issued a summary order of KRW 4 million to the Suwon District Court for a violation of the Road Traffic Act (driving) and a summary order of KRW 5 million to the Daejeon District Court for the same crime on February 9, 2015.

【Criminal Facts】

On April 1, 2019, at around 01:24, the Defendant driven a Dump truck with Dump truck at a section of about 30 km from the upstream to the front road of the B Apartment-dong, Sinung-si, Eipo City, the Defendant was under the influence of alcohol with 0.20% of alcohol level.

Summary of Evidence

1. Defendant's legal statement;

1. A master-user report, consent to blood collection and confirmation certificate, and an appraisal report on blood alcohol;

1. Report on the situation of driving under the influence of alcohol, report on the situation of a driver under the influence of alcohol, investigation report, notification on the results of the crackdown on driving under the influence of alcohol, and measurement and storage;

1. Report on the occurrence of the case, and report on the internal investigation;

1. On-site photographs;

1. Previous convictions indicated in judgment: Criminal history records, probationary records, amounts of previous dispositions, results of confirmation, and application of Acts and subordinate statutes of two copies of summary orders;

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

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

1. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act: The fact that a person under probation, an order to attend a lecture, or an order to attend a community service order has been punished five times due to drunk driving (two times in 2001, one time in 2004, one time in 2008, one time in 201, and one time in 2015): The fact that a person undergoes a drunk driving; the fact that a person is highly likely to have a blood alcohol concentration: The fact that the person is recognized and reflects the crime; the fact that there is no history of crime exceeding a fine; and the fact that there is no record of crime; the defendant's age, character and behavior, the motive and background of the crime, health conditions after committing the crime