A 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 August 17, 201, the Defendant was issued a summary order of KRW 1500,000 as a fine for a violation of the Road Traffic Act (driving) at the Seo-gu District Court Branch Branch of the Daegu District Court on August 17, 201, and a fine of KRW 3 million at the same court on September 14, 2015, respectively.

【Criminal Facts】

1. Around 20:05 on October 15, 2019, the Defendant driven a fwing truck with the blood alcohol concentration of approximately 0.268% from the section from the front of the public parking lot in the Si-Gun, Seongbuk-gun, Seongbuk-gun, Seongbuk-gun, to the front road of C, while under the influence of alcohol at approximately 5km.

Accordingly, the defendant violated the Article 44 (1) of the Road Traffic Act not less than twice.

2. The Defendant in violation of the Guarantee of Automobile Accident Compensation Act is a holder of a D-wing and freight truck.

The Defendant driven the above cargo vehicle, which was not covered by automobile mandatory insurance at the same time and place as the above paragraph (1).

Summary of Evidence

1. Defendant's legal statement;

1. Investigation reports (report on the circumstances of an immigration driver) and internal investigation reports (related to collection of AA blood);

1. A traffic accident report;

1. Requests for appraisal;

1. Inquirys into the enemy, mandatory insurance, and the results of the crackdown on drinking driving;

1. On-site photographs;

1. Each criminal record on judgment: Application of criminal records, etc. inquiry report (A) and Acts and subordinate statutes of Part II of the summary order;

1. Relevant provisions of Article 148-2 (1) and Article 44 (1) of the Road Traffic Act concerning criminal facts, Article 46 (2) 2 of the Guarantee of Automobile Accident Compensation Act, the main sentence of Article 8 of the Guarantee of Automobile Accident Compensation Act, and the choice of imprisonment, respectively;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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 of Article 62-2 of the Criminal Act on orders to provide community service and attend lectures was to repeat the same crime even though the Defendant had a record of criminal punishment at least three times due to drunk driving in the past.

At the time of the instant case, the blood alcohol concentration of the Defendant 0.0