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 February 8, 2007, the Defendant issued a summary order of KRW 1 million as a fine for a violation of the Road Traffic Act (driving) at the Seoul Northern District Court and KRW 1 million as a fine at the Jungbu District Court on July 28, 2014.

On August 5, 2019, around 21:58, the Defendant driven D's 6.5 tons truck under the influence of alcohol leveling 0.129% of alcohol leveling from approximately 15km to the road in the “Criju Gas station” located in Jincheon-gun, Jincheon-gun, Jincheon-gun.

Accordingly, the defendant violated the prohibition of drinking driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

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

1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes concerning criminal records and investigation reports (a report on confirmation of the same attached 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. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act, even though the defendant had twice the same kind of force, re-driving of this case, and the driving distance and the blood alcohol concentration is reasonable.

However, the defendant is divided into and reflects the crime of this case, and there is no previous conviction exceeding the fine, and there was no personal and material accident at the time.

In this case, the Defendant was unable to drive the cargo, which is the life, due to the cancellation of the license, and disposed of the vehicle after this case.

In addition, the punishment as ordered shall be determined in consideration of the age, character and conduct, career, environment, background and result of the crime, the circumstances after the crime was committed, and all the sentencing conditions specified in the records and arguments of this case.