A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for a period of three years from the date this judgment becomes final and conclusive.

Punishment of the crime

[criminal history] On March 22, 2010, the Defendant issued a summary order of KRW 1 million for a crime of violating the Road Traffic Act at the Chuncheon District Court on March 22, 2010; on March 9, 2012, the same court issued a summary order of KRW 1.5 million for a crime of violating the Road Traffic Act; on September 4, 2014, the Defendant was sentenced to imprisonment with prison labor for 6 months and one year of suspended execution.

[Criminal facts] On July 21, 2018, the Defendant driven C Poter cargo while under the influence of alcohol content of about 0.111% in a section of about 7km from the direction of his dwelling in Hongcheon-gun, Hongcheon-gun, Hongcheon-gun, Hongcheon-gun to the direction of “tripo-distance” located in the 6km-ro, Hongcheon-gun, Hongcheon-gun, Hongcheon-gun.

Accordingly, the defendant has been driving a motor vehicle under the influence of alcohol even though he has violated the Road Traffic Act on the prohibition of drinking alcohol more than twice.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement report and investigation report on the situation of the driver at the main place of business (report on the situation of the driver at the main place of business);

1. Previous convictions: Application of Acts and subordinate statutes to inquire into criminal history, report on investigation (report on the result of confirmation of the previous convictions of the disposition and report on the date of release);

1. Relevant legal provisions and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the selection of punishment for a crime, and the selection of imprisonment;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing under Article 62-2 of the Criminal Act, including the observation of protection and community service order and the order to attend a lecture, is that the defendant was subject to criminal punishment for driving under the influence of alcohol in 2010 (the crime in 2009), 2012, and 2014; the defendant was subject to suspended sentence of imprisonment in 2014; and the defendant’s blood alcohol concentration in 2014 is a high level element for sentencing unfavorable to the defendant.

However, the defendant shows the appearance of recognizing and opposing the crime of this case, and the crime of this case does not cause any more severe result due to a simple driving of drinking, and the defendant does not absolute driving of drinking.