A defendant shall be punished by imprisonment for not less than one year and six months.

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 October 5, 2009, the Defendant issued a summary order of KRW 4,00,000 to a fine for a violation of the Road Traffic Act (driving) at the Ulsan District Court on March 15, 201; a summary order of KRW 4,00,000 to a fine for a violation of the Road Traffic Act (driving) in the same court on March 15, 201; a summary order of KRW 4,00,000 to a fine for a violation of the Road Traffic Act (driving) was issued at the same court on November 28, 2011; and on June 18, 2015, the Defendant was sentenced to a suspended sentence of KRW 4,00,000 to a fine for a violation of the Road Traffic Act (driving) in the same court on August 8, 2015.

【Criminal Facts】

On September 30, 2019, at around 21:08, the Defendant driven the E-wing three cargo vehicles while under the influence of alcohol of about 0.052% of alcohol level from the Do in front of the Defendant’s residence in Busan Island to the D Association in front of the D Association located in C.

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. Inquiry into the result of the crackdown on drinking driving;

1. Report on the circumstances of an employee;

1. Previous records of judgment: Criminal history records, five copies of the written judgment, five copies of the output of the judgment, and application of Acts and subordinate statutes to investigation reports (verification of criminal records of a suspect - Attachment of written judgment);

1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1) and 44 (1) of the Road Traffic Act (the point of driving sound 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. Probation, community service order, and the reason for sentencing under Article 62-2 of the Criminal Act have been punished several times due to drinking driving as stated in the judgment of the defendant. Even though the defendant had been punished for a suspended sentence of imprisonment due to drinking driving during 2004, the defendant again drives the instant drinking driving, and considering the time interval with the previous drinking power, etc.