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

On May 9, 2011, the Defendant received a summary order of KRW 2.5 million from the Jeonju District Court to a fine for a violation of the Road Traffic Act, and on October 23, 2012, the Defendant received a summary order of KRW 5 million from the same court due to the same crime.

On September 2, 2018, at around 16:40, the Defendant driven the B 2 truck under the influence of alcohol leveling 0.312% in the section of about 30km from the front of the restaurant, which he is aware of the trade name in Yusan-si to the road near the Gungjin-gu Seoul Metropolitan City.

Accordingly, the defendant violated Article 44 (1) of the Road Traffic Act more than twice and drives a motor vehicle under the influence of alcohol in violation of the same provision.

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition survey report;

1. Notification of the result of crackdown on drinking driving;

1. The circumstantial statement of the employee;

1. Previous records: The application of criminal records, inquiry and other Acts and subordinate statutes;

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the choice of punishment, and the choice of imprisonment;

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

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

1. The reason for sentencing of Article 62-2 of the Criminal Act on probation, community service, and lecture attendance order is that the Defendant, even though he had a record of three times or more due to drinking alcohol driving, was engaged in drinking alcohol driving and drinking alcohol is very high.

However, the punishment as ordered shall be determined by comprehensively taking into account the following circumstances, including the fact that the defendant is expected not to repeat the crime while disposing of the vehicle, the fact that there is no record of crime exceeding the fine, the age of the defendant, the circumstances and result of the crime, and the circumstances revealed in the arguments of this case, such as the circumstances after