Defendant shall be punished by imprisonment for a term of one year and three months.

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

On January 6, 2009, the Defendant received a summary order of KRW 2,50,000 as a fine for a violation of the Road Traffic Act, and on April 3, 2017, the same court received a summary order of KRW 4 million as a fine for the same crime.

around 19:30 on March 20, 2020, the Defendant driven a Fpoter 2 truck under the influence of alcohol level of about 0.208% from the 1km section from the C Stop parking lot located in Seosan-si B to the Eminer in D.

Accordingly, the Defendant driven a motor vehicle under the influence of alcohol not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control of drinking driving;

1. The circumstantial statement of the employee;

1. Results of inquiry, application of written judgments, 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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

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

1. The reason for sentencing under Article 62-2 of the Criminal Act, even though the Defendant had been sentenced to a fine due to drinking alcohol driving three times, the Defendant was involved in the accident while driving at once, and the blood alcohol level at the time of driving at the time of the instant drinking alcohol level was very high to 0.208%.

The fact that the defendant's mistake and reflects his mistake, and that many village residents want to take the preference against the defendant, etc. shall be considered in light of the circumstances favorable to the defendant.

In addition, the defendant's age, character and conduct, criminal records, environment, circumstances, and circumstances after committing the crime, etc. shall be comprehensively considered to determine the punishment as ordered.