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 May 22, 2009, the Defendant received a summary order of KRW 700,000,000 from the Seoul Eastern District Court to a fine of KRW 1.5 million for a crime of violating the Road Traffic Act (driving). On April 28, 2015, the Defendant received a summary order of KRW 1.5 million for the same crime from the Jeju District Court.

[2] On April 22, 2017, the Defendant driven a 5MT truck owned by the Defendant, under the influence of alcohol content of about 0.103% on the 3km section from the front of the apartment complex of 8 U.S., located in 240, to the front road of the 94-hurri 19, Gangdong-gu Seoul, Gangdong-gu, to the 6rd road of the 194-hurri-ro, Gangdong-gu, Seoul. The Defendant driven a 5MT truck under the influence of alcohol content of blood.

Accordingly, the Defendant once driven a motor vehicle under the influence of alcohol again as a person who has violated the prohibition on drinking more than twice.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of a driver who is placed in driving and notification of the results of regulating drinking driving;

1. Previous convictions in judgment: Application of a reply letter to inquiry, such as criminal history, investigation report (A), twice the previous history - Attachment of summary order);

1. Relevant legal provisions and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the selection of punishment for a crime, and the selection of imprisonment;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for the sentencing of Article 62-2 of the Criminal Act on community service and lecture attendance order;

1. Prosecutor’s opinion - Two years of imprisonment;

2. Determination - Imprisonment shall be chosen in consideration of six months of imprisonment, and two years of probation, the criminal defendant's history of drinking driving over several times.

However, the amount of punishment shall be reduced by taking into account the favorable circumstances in which the confession was made and there is no past record of the suspension of execution or more, and the punishment shall be determined and the execution of the punishment shall be suspended by taking into account the following factors: the defendant's age, sex, environment, motive, means and consequence of the crime, the circumstances after the crime, etc. and the various sentencing conditions under Article 51 of the Criminal Act as stated in