A defendant shall be punished by imprisonment for one year.

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 November 22, 2007, the District Court sentenced a fine of KRW 2.5 million to a crime of violation of the Road Traffic Act (driving) at the Jung-gu District Court on November 22, 2007, and sentenced a fine of KRW 3 million to a fine of KRW 2.5 million on October 12, 2009 for the same crime.

【Criminal Facts】

On September 22, 2019, around 03:37, the Defendant driven a e-wing freight vehicle while under the influence of alcohol content of about 0.140% from the 5km section to the front road of the Do government city from Da-si, J. C.

Accordingly, the Defendant violated the duty of prohibition of driving under the influence of alcohol not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statements of a drinking driver, and inquiry into the results of the control of drinking driving;

1. Previous convictions indicated in the judgment: Application of criminal records, reply reports, investigation reports, and Acts and subordinate 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 is that the defendant again commits the crime of this case even if he had a previous record of several times, taking into account the time interval between the previous record of the same kind, the blood alcohol concentration of the defendant, the age, character, conduct and environment of the defendant, his age, character and conduct, motive, means and consequence of the crime, etc., and the conditions of sentencing specified in the arguments of this case, such as