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 October 4, 2007, 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 District Court of Jung-gu on October 4, 2007

【Criminal Facts】

On February 14, 2020, at around 02:55, the Defendant driven a C low-speed car with a alcohol level of 0.103% 0.103% under the influence of alcohol at the 3.5km section from the road near the Dongducheon-si B to the road in front of the same city.

Accordingly, the defendant violated Article 44 (1) of the Road Traffic Act not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of a drinking driver, investigation report (report on the circumstances of a drinking driver), and investigation report on the results of crackdown on driving under influence of alcohol (investigation, etc. into the counterpart of a wooden driver), and criminal investigation report;

1. Previous convictions in judgment: Inquiry reports, investigation reports, application of statutes governing judgment;

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 was that the defendant was punished for suspended sentence of imprisonment due to drinking driving in 2007.

Nevertheless, the Defendant re-driving the blood alcohol concentration of about 0.103% under the influence of alcohol, and caused an accident where a vehicle is boomed after shocking the drick, thereby realizing the risk of driving under the influence of alcohol.

At the time of drinking control, the defendant dices alcohol, but the proxy engineer driven the vehicle, and immediately after the accident, denied that the proxy engineer was out of the field.

However, after the police investigation, the defendant is recognized as both crimes, and there is no particular criminal punishment except for those subject to the suspended sentence, the distance from the previous punishment force as above, the blood alcohol concentration of the defendant, and other defendants.