A defendant shall be punished by imprisonment for one year.

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

Punishment of the crime

(Criminal) On November 21, 2006, the Defendant was sentenced to a summary order of KRW 4 million for a violation of the Road Traffic Act (driving) at the LA branch of Suwon District Court on November 21, 2006, and on September 3, 2007, the same court was sentenced to a fine of KRW 5 million for a violation of the Road Traffic Act (driving). On September 6, 2012, the same court was sentenced to imprisonment for 10 months and suspended execution for a violation of the Road Traffic Act (driving). On November 29, 2012, the Defendant was sentenced to imprisonment for 6 months for a violation of the Road Traffic Act (driving) at the same court. On April 20, 2015, the Defendant was sentenced to imprisonment for 6 months in the same court.

(Criminal) On January 2, 2019, the Defendant, while under the influence of alcohol of 0.076% of the blood alcohol concentration, driven a DPoter II cargo vehicle from the 15km section from the front of the Gecheon-si to the front of the Gecheon-si Road, around 17:51.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the situation of driving under the influence of alcohol, report on the situation of a driver under the influence of alcohol, investigation report, notification of the results of the control of drinking, and photograph of a drinkr;

1. Previous records of judgment: Criminal history records, a copy of each summary order, and the application of each of the statutes governing such judgments;

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

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing of Article 62-2 of the Criminal Act on probation, community service and lecture attendance order is that the defendant was sentenced to six times of punishment after driving under drinking, and that two times of punishment among them was sentenced.

Nevertheless, since the defendant was driving under the influence of alcohol again, the responsibility for the crime is heavy.

However, the defendant's blood alcohol concentration was relatively high.

The sentence shall be determined as per the order, taking into account such circumstances, the defendant's age, character, environment, and circumstances after the crime.