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 August 17, 200, the Defendant was sentenced to a fine of KRW 5 million due to a violation of the Road Traffic Act (driving) at the Gwangju District Court on September 27, 2001, sentenced to a suspended sentence of KRW 2 years due to a violation of the Road Traffic Act (driving). On October 17, 201, the Defendant was sentenced to a summary order of KRW 3 million due to a violation of the Road Traffic Act (driving) at the Gwangju District Court's Maritime Branch Branch on October 17, 2014.

【Criminal Facts】

around 00:35 on October 3, 2019, the Defendant driven an E-wing truck with a distance of approximately five meters from the direction of the Del on the front of the “C Driving Institute” located in Jindo-gun B, Jindo-gun while under the influence of alcohol of 0.173% of blood alcohol level.

Accordingly, the defendant has driven a motor vehicle while under the influence of alcohol in violation of Article 44 (1) of the Road Traffic Act more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. A statement prepared by the F;

1. A traffic accident report;

1. The circumstantial statement of the employee;

1. A report on investigation;

1. Making a report on the control of drinking driving;

1. An accident site photograph;

1. Previous records of judgment: Criminal records, etc., one copy of inquiry report, one copy of summary order, and one copy of judgment, respectively, shall apply;

1. Relevant provisions of Article 148-2 (1) and Article 44 (1) of the Road Traffic Act, the choice of imprisonment for a crime, or 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 on the order to provide community service and attend lectures has a record of having been punished several times for the same crime, and the blood alcohol concentration level (0.173%) at the time was very high.

However, considering the fact that the defendant's mistake is recognized, the distance of drinking driving is shorter, the fact that the car is disposed of, the fact that there is no record of punishment heavier than the suspension of the execution of imprisonment, the defendant's age, character and conduct, environment, motive, means and consequence of the crime, circumstances after the crime, etc., and all of the sentencing conditions specified in the arguments, the sentence shall be determined as ordered.