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

On July 6, 2007, the Defendant was issued a summary order of KRW 2.5 million from the Incheon District Court's Busan District Court's Branch to a fine of KRW 2.5 million due to a violation of the Road Traffic Act, and on April 1, 2016, a summary order of KRW 5 million due to a fine of KRW 5 million due to a violation of the Road Traffic Act (driving) from the Busan District Court's subsidiary branch.

On September 21, 2019, while under the influence of alcohol of 05:48%, the Defendant driven the Brocketing traffic freight vehicle on the road of approximately five kilometers from the roads located in the Busan Bupyeong-gu Busan Busan Busan Seosan-dong to the front road of the Yannam-ro 97-ro, Incheon Gyeyang-gu.

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

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the crackdown on drinking driving, and the circumstantial statement of a drinking driver;

1. Previous convictions in judgment: Application of criminal records, inquiry reports, and summary order-related Acts and subordinate statutes;

1. Relevant Articles 148-2 (1) and 44 (1) of the Road Traffic Act, the choice of punishment for the crime, and 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 of Article 62-2 of the Criminal Act on the grounds of the order to provide community service and attend lectures is an offense in which the life of a person who is not only his/her own but also another person can be taken, and the crime of this case is committed when the defendant committed the crime of this case even though he/she had been punished three times due to drinking driving.

However, the defendant recognized the crime of this case and reflects on the fact that the crime of this case constitutes the so-called night driving that the defendant driven to work after drinking alcohol and diving at the night immediately before the day, and the circumstance seems to have been taken into account, and the fact that the blood alcohol concentration of the defendant was considerably low, etc. are considered in favor of the defendant, and other circumstances are considered in favor of the defendant, and the defendant's age, environment, character and conduct, motive and means of the crime, and crime.