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

[criminal power] The defendant was sentenced to a suspended sentence of three years for six months for a violation of the Road Traffic Act in the Southern District Court of the Jeonju on November 4, 2008, and the indictment on September 22, 2009 stated the following as the "No. 27, 2009." However, it is obvious that it is a clerical error in the "No. 22, 2009."

(See Investigation Records 34 pages) The same court was sentenced to 6 months of imprisonment for a violation of the Road Traffic Act (driving).

【Criminal Facts】

On April 24, 2019, at around 13:10, the Defendant driven E 25 tons dump trucks with the alcohol concentration of about 0.145% under the influence of alcohol in the 3km section from Namwon-si to the front of “D” located in Namwon-si, Namwon-si.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. 112. List of reported cases;

1. Previous records of judgment: Application of criminal records, repeated statements, investigation reports (verification reports of the same kind of force) and Acts and subordinate statutes;

1. Relevant Article of the Act on Criminal Facts and Articles 148-2 (1) 1 and 44 (1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018);

1. Mitigation of discretionary mitigation under Articles 53 and 55(1)3 of the Criminal Act (hereinafter referred to as “the grounds for discretionary mitigation”), among favorable circumstances

1. Article 62(1) of the Criminal Act of the suspended sentence (hereinafter “the grounds for the suspended sentence”), whichever is favorable;

1. Reasons for sentencing under Article 62-2 of the Criminal Act on probation and community service order;

1. The scope of applicable sentences under law: Imprisonment with prison labor for up to six months from one year and six months;

2. The sentencing criteria shall not apply to a crime for which the sentencing criteria are not set.

3. Determination of sentence: Determination of sentence: Imprisonment with prison labor for 8 months, probation for 2 years following the suspension of execution, taking into account the following circumstances, and taking into account the defendant's age, character and conduct, environment, motive, means and consequence of the crime, various factors of sentencing as shown in the arguments in this case, such as the circumstances after the crime, etc.

[Unfavorable circumstances] The drinking driving of a motor vehicle is a crime that may cause serious damage to the life, body, or property of another person.