A defendant shall be punished by imprisonment for a term of one year and two 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

[Criminal Power] On April 17, 2008, the Defendant was issued a summary order of KRW 1.5 million for a crime of violation of the Road Traffic Act in the Seo-gu District Court Branch of the Daegu District Court on April 17, 2008, and was sentenced to a fine of KRW 3 million for the same crime in the same court on December 9, 2009.

【Criminal Facts】

1. Around 12:32 October 18, 2018, the Defendant driven a Epoter II truck under the influence of alcohol leveling 0.157% from a section of approximately 1.5km from the roads in front of the Daegu-gu B market to the roads in front of the Datte in the same Gu C.

Accordingly, the defendant, who violated the prohibition of driving under the influence of alcohol not less than twice, was driving again.

2. Around 12:25 on October 18, 2018, the Defendant: (a) driven a Epoter II cargo vehicle and proceeded along three lanes on the roads in front of the DMaart located in Daegu Southern-gu C; (b) the Defendant was able to take a warning on the ground that the injured F (58 years of age) who was going on the back of the Defendant was changed to a green signal, does not start even though the former F (58 years of age) was changed to a green signal; and (c) the Defendant was overtaken by the Defendant on the ground that the injured was overtaking the cargo vehicle; and (d) the Defendant was threatening by using the latter F (a dangerous object) using the latter F (a dangerous object).

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. The circumstantial statement of the employee;

1. Investigation report (as to confirmation of alcohol alcohol level), investigation report (as to the attachment of CDs), investigation report (as to the application of the Madmark formula), internal investigation report (as to the re-building of blood alcohol level);

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

1. Relevant Article of the Criminal Act and Articles 284 and 283(1) of the Criminal Act regarding criminal facts, the choice of punishment, and Article 148-2 of the former Road Traffic Act (amended by Act No. 16037, Dec. 24, 2018; Act No. 16037, Jun. 25, 2019).