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 September 9, 2008, the Defendant received a summary order of a fine of three million won for the crime of violating the Road Traffic Act (refluence of noise measurement) at the Seoul Central District Court.

【Criminal Facts】

On October 31, 2019, the Defendant, at around 22:40, driven a truck with approximately 200 meters in the vicinity of the former C Station in Ansan-si and around D in the same Gu from around 200 meters, while under the influence of alcohol 0.125%, violated the duty of prohibition of driving under the influence of alcohol at least twice.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statements and investigation report of the host driver;

1. Previous for judgment: Application of criminal records, inquiry reports, investigation reports (a summary order attached to the same type of power);

1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1), 44 (1) and (2) of the Road Traffic Act that choose the penalty;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

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

1. The grounds for sentencing under Article 62-2 of the Criminal Act include the defendant's previous convictions, and other various conditions of sentencing, such as the defendant's age, character and conduct, environment, background of the crime, circumstances before and after the crime, etc., shall be determined as the orders.