A defendant shall be punished by imprisonment for six months.

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

On January 21, 2008, the Defendant received a summary order of KRW 1.5 million from the Changwon District Court to a fine for a violation of the Road Traffic Act, and a summary order of KRW 3 million from the Changwon District Court to a fine for the same crime on November 11, 2014, respectively.

On November 23, 2018, at around 14:20, the Defendant driven D Poter Cargo at approximately 2km from the roads in front of the Gyeongnam-gun, Gyeongnam-gun, to the three km in front of the same Eup/Myeon, while under the influence of alcohol by 0.10% of blood alcohol concentration.

Therefore, even though the Defendant violated the prohibition of drunk driving more than twice, he again driven a motor vehicle under the influence of alcohol in violation of the above provision.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statements of a drinking driver, and inquiry into the results of the control of drinking driving;

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 Article of the Act on Criminal Facts, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the choice of punishment, and the choice of imprisonment;

1. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation (see, e.g., Supreme Court Decisions 201Do148, Apr. 1, 201; 201Do112, Feb.

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

1. Order to attend lectures under Article 62-2 of the Criminal Act;