A defendant shall be punished by imprisonment for not less than eight 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 5, 2006, the Defendant issued a summary order of KRW 1,500,000 as a fine for a violation of the Road Traffic Act in the Incheon District Court's Busan District Court's Busan Branch on September 5, 2006, and on April 28, 201, the Defendant issued a summary order of KRW 4 million as the same crime in the same court.

On April 19, 2019, at around 19:56, the Defendant driven B Poter truck with a blood alcohol concentration of about 0.154% while under the influence of alcohol at approximately 25km from the road near the Dong-dong, Dongjak-gu Seoul Metropolitan Government to Kimpo-ro 105, Kimpo-ro.

Accordingly, the Defendant, who was a drunk driver twice or more, driven a motor vehicle under the influence of alcohol again.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the situation of driving under the influence of alcohol, report on the situation of a driver under the influence of alcohol, and inquiry into the results of the crackdown on drinking;

1. Previous offense: Criminal history records, reply reports to the prosecution, investigation reports, and copies of summary order Acts and subordinate statutes;

1. Article 148-2(1)1 and Article 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 crime of this case on the grounds of sentencing under Article 62-2 of the Criminal Code of the Order to Provide community service and attend lectures is deemed to have been punished three times due to drinking driving, and the defendant re-driving a motor vehicle, which had the record of causing bodily injury while driving a drunk. The defendant reported the suspicion of drinking driving to a citizen who observed the motor vehicle operated by the defendant's driving to drive a motor vehicle in a clear distance and driving in the Olympic Games, and the crime of this case was discovered. In light of the defendant's blood alcohol concentration and mileage at the time of detection, the crime of this case is very bad.

However, there is no record of recognizing and opposing the defendant's mistake, or of punishing more than a fine.