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 October 30, 2008, the Defendant was issued a summary order of KRW 3 million by the Ulsan District Court for a violation of the Road Traffic Act (driving).

【Criminal Facts】

On April 21, 2020, around 21:50 on April 21, 2020, the Defendant driven B5 tons of cargo vehicles with blood alcohol content of 0.038% from around 15km to the point of Busan in the direction of the Gyeong-dong, Chungcheongnam-gun located in the Gyeongcheon-gun, Chungcheongnam-do.

Accordingly, the defendant violated the Road Traffic Act's prohibition of drinking driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control of drinking driving;

1. An inquiry report, such as a criminal history;

1. Application of Acts and subordinate statutes to investigation reports (verification of sound driving skills);

1. Relevant legal provisions concerning the facts of crime, Articles 148-2 (1) and 44 (1) of the Road Traffic Act that choose the penalty, and the choice of imprisonment;

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

1. On the grounds of sentencing under Article 62(1) of the Criminal Act, the sentencing of the instant crime, the numerical value of blood alcohol concentration (0.038%), the criminal records, equity with other cases, and all other factors of sentencing, including the Defendant’s age, character and conduct, environment, family relationship, circumstances after the instant crime, etc., shall be determined as ordered by a comprehensive consideration.