A defendant shall be punished by imprisonment with prison labor for not more than ten 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 September 11, 2006, the Defendant received a summary order of KRW 1 million as a crime of violation of the Road Traffic Act in the Hongsung branch of the Daejeon District Court on September 11, 2006, and on March 28, 2016, the Defendant violated the obligation under the Road Traffic Act that would not drive a motor vehicle under the influence of alcohol on at least two occasions upon receiving a summary order of KRW 3 million for the same crime from the Busan District Court's East Branch Branch.

On March 11, 2019, at around 00:05, the Defendant driven a ewp freight vehicle from the front road of the “C” located in Yangsan City B to the front road of the same city, with approximately 1km alcohol concentration of about 0.121%, while under the influence of alcohol at approximately 0.121%.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the drinking driving control, and the statement on the state of drinking drivers;

1. Previous convictions indicated in judgment: Criminal records and application of each summary order;

1. Articles 148-2(1)1 and 44(1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018); the choice of imprisonment for a crime

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 is to recognize the facts charged, the fact that there is no criminal record exceeding fines, and the first crime among the criminal records of the same kind is a favorable condition for the defendant.

On the other hand, the fact that blood alcohol concentration is high, and that there are three previous convictions in the same kind and three times is disadvantageous to the defendant.

In addition, the punishment shall be determined as ordered by taking into account various factors of sentencing, such as the defendant's age, environment and motive for crime.