A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Punishment of the crime

[criminal power] On August 29, 2008, the Defendant was issued a summary order of KRW 700,000,000 as a crime of violation of the Road Traffic Act in the Youngju District Court’s Yeongdeungpo-dong branch on August 29, 2008, a summary order of KRW 3 million as a same crime in the same court on September 4, 2013, and a summary order of KRW 5 million as a same crime in the same court on August 22, 2016, respectively.

【Criminal Facts】

On June 6, 2019, at around 05:31, the Defendant driven C truck under the influence of alcohol of about 0.059% in a section of about 90km from the front side of the Cheongcheon-gun, Chungcheongnam-si, Cheongcheon-gu, Cheongcheon-gu, Cheongcheon-gu, Cheongcheon-do, to the front side of the road.

Accordingly, the defendant, who violated the prohibition of drinking driving more than twice, was driving a motor vehicle under the influence of alcohol in violation of the above provision.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control of drinking driving;

1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes to investigation reports (verification of the same type of crime records);

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. 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 Code of the community service order (unfavorable circumstances) requires strict punishment for a crime that is likely to inflict harm on the life, body, or property of the driver as well as the driver himself/herself.

【Pried circumstances】 The Defendant recognized the instant crime.

The defendant's blood alcohol concentration is not a higher level.

In addition, comprehensively taking into account all the factors of sentencing as shown in the trial process of this case, such as the defendant's age, reputation, health status, environment and family relationship, etc., the sentence shall be determined as ordered.