A defendant shall be punished by imprisonment 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

[criminal power] On August 10, 2006, the Defendant was notified of a fine of KRW 500,000 as a crime of violation of the Road Traffic Act (driving) in the Changwon District Court's branch on August 10, 2006. On August 26, 2011, the same court was notified of a fine of KRW 1.5 million as the same crime. On October 25, 2013, the same court was notified of KRW 4 million as the same crime.

【Criminal Facts】

As above, the Defendant, as a person who violated Article 44(1) of the Road Traffic Act more than twice, driven a DNA cargo vehicle with a blood alcohol concentration of about 0.070% from the 12 km section from the Defendant’s house located in the 16:12 on November 22, 2018 to the roads in front of the same military C.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statement of a drinking driver, investigation report (report on the circumstances of a drinking driver), notification of the results of crackdown on drinking driving, report on the situation of drinking driving, inquiry into the results of crackdown on drinking driving, and inquiry into the details of the crackdown on drinking driving;

1. Previous convictions indicated in judgment: Application of three copies of criminal records, investigation reports, and summary order, as well as three copies of the relevant Acts and subordinate statutes;

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

1. Selection of imprisonment with prison labor chosen;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

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

1. The elements of sentencing unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act, such as probation, order to attend a lecture, or order to attend a community service order: The elements of sentencing favorable to the defendant, even though the defendant was already punished three times due to drinking driving, has been maliciously and repeatedly again: The defendant recognized his/her mistake and reflects his/her behavior; the defendant did not have any criminal record higher than the suspended sentence; and the defendant disposed of the vehicle for drinking driving after the instant case to a third party: alcohol density, the defendant’s age, character and behavior, environment, motive, means and consequence of the crime, and other circumstances that are the sentencing specified in the records and arguments