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 November 19, 2010, the Defendant was issued a summary order of KRW 2.5 million by the Seoul Central District Court due to a violation of the Road Traffic Act.

Although the Defendant had been punished for drunk driving, at around September 23:25, 2019, the Defendant driven D cargo vehicles under the influence of alcohol 0.124% in the section of about 50km from the pre-road of the trade influence cafeteria to the front road of the “C” located in the Chungcheong-si B.

Summary of Evidence

1. Defendant's legal statement;

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

1. Photographs of the suspect's vehicle;

1. Previous records: Application of Acts and subordinate statutes to criminal records and investigation reports (Attachment of a summary order of the same kind of crime of a suspect);

1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1) and 44 (1) of the Road Traffic Act which choose the penalty;

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 under Article 62-2 of the Criminal Act is that the defendant was subject to criminal punishment once due to drunk driving, even though he had a record of criminal punishment, and the crime is not good, and the defendant's blood alcohol concentration level is considerably high, and the driving distance is considerably long.

However, it is against the fact that the defendant would not drive a motor vehicle again while disposing of the motor vehicle, the traffic accident occurred due to the crime of this case, and the defendant has no criminal record related to drinking or driving without a license except for the criminal record sentenced to a fine, and the defendant has no criminal record related to drinking or driving without a license. Other factors of sentencing specified in the trial process of this case, such as age, character and conduct, intelligence and environment, family relationship, and circumstances at the time of the crime, shall be determined as ordered by the order.