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

[Criminal Power] On July 1, 2009, the Defendant was sentenced to a suspended sentence of two years for six months by imprisonment with prison labor for a violation of the Road Traffic Act (driving) at the Changwon District Court's branch.

【Criminal Facts】

On April 2, 2020, the Defendant, as a person with the power of violating the duty of prohibition of driving under the influence of alcohol, driven a C-wing truck under the influence of alcohol at approximately 0.225% of blood alcohol concentration from the 4km section from the Dog-ro, Dog-ro, Mag-ro to the front road of the village B, Chang-gun, Chungcheongnam-gun, Seoul.

Summary of Evidence

1. The defendant's legal statement, the records of seizure, the report on the actual state of his/her driver, the report on his/her own alcohol control, and the report on his/her blood alcohol appraisal;

1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes to investigation reports (verification of the same kind of power);

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. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Probation Criminal Act: The circumstances favorable to the fact that the defendant was punished for a traffic accident caused by drunk driving, but the blood alcohol level at the time was high, and the risk of the occurrence of the accident was accepted due to a climatic driving, etc.: The defendant's mistake is recognized, the defendant suffers the lung cancer, etc., and the defendant suffers the lung cancer, and the defendant supports his/her spouse with disability, the vehicle was disposed of, and the family and his/her will want the defendant to take the action against the defendant, and other factors for sentencing specified in the records and arguments of this case, such as the defendant's age, character and behavior, the background of the crime, the circumstances after the crime, and the circumstances after the crime, etc., shall be determined as ordered by the order.