A defendant shall be punished by imprisonment for one year.

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

[criminal power] On January 30, 2009, the Defendant was issued a summary order of KRW 1,500,000 to a fine for a violation of the Road Traffic Act (driving) in the Changwon District Court’s Seongbuk Branch on January 30, 2009. On March 17, 2010, the Defendant was sentenced to a fine of KRW 3 million for a violation of the Road Traffic Act (driving) in the Changwon District Court’s smuggling Branch on September 20, 201, and was issued a summary order of KRW 3 million by the Changwon District Court on September 20, 2010.

【Criminal Facts】

On January 20, 2020, the Defendant: (a) was driving a DNA cargo vehicle while under the influence of alcohol content 0.111% from the front of the Military Road B to the front of the Road C, instead of from around 13:45 on January 20, 202, while under the influence of alcohol content 0.11%.

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition survey report, the report on the occurrence of a traffic accident, the report on the results of the regulation of drinking driving, the report on the actual state of drinking drivers, the report on the investigation report (the report on the actual state of drinking drivers), and the photograph of

1. Criminal records: Confirmation of related cases, list of related cases, summary orders, and application of statutes by judgment;

1. Relevant Articles 148-2 (1) and 44 (1) of the Road Traffic Act concerning the facts constituting the crime;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);

1. On the grounds of sentencing under Article 62-2 of the Criminal Act, the sentence like the Disposition shall be imposed in consideration of various circumstances, including the defendant’s age, character, conduct, occupation and environment, criminal records, motive, circumstances before and after the crime, the method and consequence of the crime, as well as the circumstances before and after the crime.

Unfavorable circumstances: In light of blood alcohol concentration, the issue is not less severe, and the traffic accident occurs while driving under influence.

Despite the fact that there was a history of multiple penalties for the same crime, the recidivism was made, and other criminal records are also not good.

The defendant commits a crime in favor of him.