A defendant shall be punished by imprisonment with prison labor for up to six months.

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

Punishment of the crime

[criminal history] On March 5, 2008, the Defendant received a summary order of KRW 700,000 as a crime of violating the Road Traffic Act (drinking driving), and on October 2, 2013, the Defendant received a summary order of KRW 1.5 million as a same crime in the same court on October 2, 2013. On April 17, 2014, the same court was sentenced to a fine of KRW 8 million due to a crime of violating the Road Traffic Act (drinking driving).

[Criminal facts] On July 27, 2018, the Defendant driven B Poter cargo in the state of under the influence of alcohol of 0.163% during blood while under the influence of alcohol, from around 15:70 to around 20 meters on the roads of the Cheongju apartment and the Cheongju apartment and the 2nd roads of the same apartment and the 3nd roads of the apartment.

Accordingly, the defendant, who violated the prohibition of drinking at least twice, was driving a motor vehicle under the influence of alcohol in violation of the above provision.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the occurrence of a traffic accident and a report on actual condition investigation;

1. Statement report and investigation report on the situation of the driver at the main place of business (report on the situation of the driver at the main place of business);

1. Written appraisal of alcohol concentration, notification of the results of crackdown on drinking driving, and inquiry of the results of crackdown on drinking driving;

1. Criminal records: References to inquiries, such as criminal history, investigation reports (criminal records of the same kind), each summary order, and the application of the text of the judgment;

1. Relevant Article of the Act and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act concerning the facts constituting an offense;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. The sentencing conditions indicated in the records, such as the defendant's age, occupation, sex, family relationship, and circumstances before and after the crime, under the grounds for sentencing under Article 62-2 of the Criminal Act, shall be determined as ordered by taking into account the following circumstances:

An unfavorable circumstance: A person who has been punished three times by a fine due to a violation of the Road Traffic Act (drinking).

In blood, alcohol concentration is high.

A favorable condition: