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 12, 2011, the Defendant received a summary order of KRW 2 million as a fine for a violation of the Road Traffic Act from the Suwon District Court as a matter of violation of the Road Traffic Act.

On May 9, 2020, at around 20:19, the Defendant driven a Dsch Rexroth ES300h car while under the influence of alcohol leveling 0.123% from around 340 meters to Pyeongtaek-si road.

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

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement statement and investigation report of the employer (the circumstantial report of the employer-employed driver);

1. Notification of the result of crackdown on drinking driving;

1. Previous records: Criminal records and other inquiries, and the application of the same criminal records and other Acts and subordinate statutes;

1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1) and 44 (1) of the Road Traffic Act which 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. According to the reasons for sentencing under Article 62-2(1) of the Criminal Act and Article 59 of the Act on Probation, etc., all of the sentencing factors indicated in the arguments of this case, such as the following circumstances and the defendant’s age, character and conduct, environment, family relationship, motive of the crime, means and consequence of the crime, etc., the sentence shall be determined as ordered by comprehensively taking into account the following factors.

The circumstances at a disadvantage: The driving under the influence of alcohol has already been twice or more due to the driving under the influence of alcohol, and the degree of blood alcohol level was not lowered at the time of detection, which eventually led to an accident that causes the shock of the loaded goods on the road by realizing the risk, which is recognized as a crime, but it is difficult to see the attitude that is contrary to the truth and repent: The recidivism after a considerable period has elapsed from the time when the previous conviction was committed.