A defendant shall be punished by imprisonment for 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 April 7, 2014, the Defendant was issued a summary order of KRW 1.5 million for a crime of violating the Road Traffic Act (drinking driving) at the Sungnam Support Center, which was issued a summary order of KRW 5 million for the same crime in the same court on May 23, 2015.

[2] Although the Defendant had been punished twice or more as a crime of violating the Road Traffic Act (drinking) as such, the Defendant driven B-type cargo vehicles from a place in the area where it was under the influence of alcohol at 0.149% during the blood transfusion on September 29, 2017 to the intersection of an open high school located in Gangnam-gu Seoul Metropolitan City, Gangnam-gu, with the alcohol concentration at 0.149% under the influence of alcohol.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Reports on traffic accidents (1), (2), and reports on the occurrence of traffic accidents;

1. Statement statement report, investigation report (report on the situation of the driver in charge of driving), notification of the results of crackdown on the driving of drinking alcohol, and investigation report (the case of application of the aforementioned dmark formula);

1. An accident scene photograph (No. 8 once a year);

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, investigation report (No. 13 confirmation of criminal history of the same kind), and each summary order text (No. 14 times a net time);

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

1. Selection of a sentence of alternative imprisonment with prison labor [Considering the circumstances, such as the fact that the defendant had already been punished twice due to drinking driving again, causing the occurrence of an accident at once (not prosecuted) and the previous conviction of the above drinking driving, the fact that the previous conviction was relatively recent, and the number of alcohol concentration in blood at the time of detection is considerably high, etc.;

1. Articles 53 and 55(1)3 of the Criminal Act for mitigation of amount of punishment (including the following circumstances: (a) the accused recognizes all criminal facts and reflects the criminal facts; and (b) the accused does not have any penalty heavier than the fine before the instant case;

1. Article 62 (1) of the Criminal Act on the suspension of execution (the grounds for reduction of the amount of punishment repeated);

1. The community service order under Article 62-2 of the Criminal Act