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

On December 13, 2016, the Defendant received a summary order of a fine of KRW 3 million for a violation of the Road Traffic Act from the Gwangju District Court's Netcheon Branch on December 13, 2016.

On December 10, 2019, at around 17:55, the Defendant driven C truck with a blood alcohol content of about 35 km from the front of the Defendant’s residence in Bosung-gun B to the front of the Dong dong-gu in the 35km-si of the national capacity from the front of the Defendant’s dwelling in the 17:55, the Defendant driven C truck with a blood alcohol content of about 0.151%.

Accordingly, the defendant, who violated the prohibition of driving under the influence of alcohol, was driving a motor vehicle again under the influence of alcohol.

Summary of Evidence

1. Defendant's legal statement;

1. Making a report on the control of drinking driving;

1. 112 reported case handling table;

1. Previous records: Criminal records and other inquiries, and application of Acts and subordinate statutes to investigation reports (verification of the same type of suspect records);

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. Suspension of execution under Article 62 (1) of the Criminal Act (which has been previous and twice the same year, and the blood alcohol concentration and driving distance are reasonable, but which has no previous criminal record in addition to a fine of three times in the past);

1. Article 62-2 of the Criminal Act concerning orders to provide community service and attend lectures;