A defendant shall be punished by imprisonment for not less than eight 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

On March 2, 2012, the Defendant was issued a summary order of KRW 5 million by a fine of KRW 5 million due to a violation of road traffic law (drinking driving) at the port support of the Daegu District Court on March 2, 2012, and a fine of KRW 1.5 million by the same court on May 23, 2017, respectively.

On August 30, 2018, the Defendant driven B Poter truck at a distance of 5 km from a mutually advantageous road located in the south-gu air route at the time of port in the state of alcohol concentration of 0.094% among blood transfusion around 01:15, the Defendant driven B Poter truck at a distance of 5 km from a mutually advantageous road located in the south-gu air route at the time of port to the front road of the same Gu.

Accordingly, the Defendant, who violated Article 44(1) of the Road Traffic Act not less than twice, driven a motor vehicle under the influence of alcohol again.

Summary of Evidence

1. Statement by the defendant in court;

1. Fact-finding reports on drivers of drinking alcohol and inquiry into the results of crackdown on drinking alcohol;

1. Previous convictions: Application of a reply to inquiry, such as criminal history, investigation report (Attachment to judgment on driving alcohol), and statutes;

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. An order to attend a course under Article 62-2 of the Criminal Act;