Defendant shall be punished by imprisonment for a term of one year and two months.

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 9, 2009, the Defendant was sentenced to a summary order of KRW 500,000 to a fine of KRW 500,000 as a crime of violation of the Road Traffic Act at the Gangseo branch court of the Chuncheon District Court, and on April 27, 2010, the Defendant was sentenced to a suspended sentence of two years for six months as a crime of violation of the Road Traffic Act in the Seocho branch court of the Chuncheon District Court.

【Criminal Facts】

On March 31, 2020, at around 22:37, the Defendant driven a c-wing truck at approximately 5 km from the front of the restaurant in the Yeongdong-si city to the front of the Heungdong-gu, G-Jakdong-si, G-Jin-si, G-Jin-Jin vehicle, while drunking about 0.105% of blood alcohol level.

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

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employer, the circumstantial report of the employer, and the entry into the employer report;

1. Records before judgment: Application of criminal records, etc. and Acts and subordinate statutes;

1. Relevant Article of the Act on the Crime, Articles 148-2 (1) and 44 (1) of the Road Traffic Act, the choice of punishment, and the choice of imprisonment;

1. Article 53 or 55 (1) 3 of the Discretionary Mitigation and Mitigation Criminal Act ( considered as favorable circumstances deemed to be the following reasons for sentencing):

1. Article 62 (1) of the Act on Suspension of Execution (The following consideration shall be repeatedly made for the reason for sentencing);

1. The Defendant committed the instant crime even though he/she had the record of punishment several times due to drinking driving, including the previous conviction of the judgment, and the fact that there is no motive or circumstance to consider the instant crime committed is disadvantageous to the Defendant.

On the other hand, the fact that the defendant recognized the crime of this case and was punished for the violation of the Road Traffic Act on April 27, 2010, as stated in its holding, and that there was no record of criminal punishment for a period of ten years until the crime of this case is committed is favorable to the defendant.

In addition, various circumstances shown in the records, such as the age, character and conduct, motive and background of the crime, results and circumstances of the defendant, etc., are taken into consideration.