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 August 22, 2007, the Defendant received a summary order of KRW 1.5 million from the Seoul Northern District Court to a fine of KRW 1.5 million, and on September 2, 2010, a fine of KRW 2.5 million to a fine of violation of the Road Traffic Act at the Jung-gu District Court on September 2, 2010.

【Criminal Facts】

At around 22:40 on July 29, 2020, the Defendant driven a C class III cargo vehicle with blood alcohol concentration of 0.182% under the influence of alcohol in the five-meter section of the road in front of the Jeon Chang Chang-gun, Jeon Chang-gun.

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

Summary of Evidence

1. Defendant's legal statement;

1. Report on the occurrence of a traffic accident;

1. Investigation reports and notification of the results of the control of drinking driving;

1. On-site photographs;

1. Previous records of judgment: Criminal records, reply 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. Mitigation of discretionary mitigation under Articles 53 and 55(1)3 of the Criminal Act (hereinafter referred to as “the grounds for discretionary mitigation”), among favorable circumstances

1. Article 62(1) of the Criminal Act of the suspended sentence (hereinafter “the grounds for the suspended sentence”), whichever is favorable;

1. Reasons for sentencing under Article 62-2 of the Criminal Act on orders to provide community service and attend lectures;

1. The scope of punishment by law: Imprisonment with prison labor for a period from one year to two years and six months;

2. Determination of sentence: Imprisonment with prison labor for one year, suspension of execution for two years, taking into account the following circumstances, and taking into account the defendant's age, character and conduct, environment, motive for committing a crime, blood alcohol density, driving distance, and circumstances after committing a crime, the punishment shall be determined as ordered by taking into account various factors of sentencing as shown in the pleadings of the instant case.

[Unfavorable circumstances] The drinking driving is necessary to strictly punish a crime that may cause serious damage to another person's life, body, or property.

The defendant committed the crime of this case, even though he had been punished three times for the same crime.

Defendant’s physical damage.