A defendant shall be punished by imprisonment for not less than eight 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 November 24, 2006, the Defendant received a summary order of KRW 700,000 as a fine for a crime of violating the Road Traffic Act in the Southern Branch of Gwangju District Court on November 24, 2006, and on May 2, 2016, the same court received a summary order of KRW 1 million as a fine for a crime of violating the Road Traffic Act.

[2] Although the Defendant had been punished twice as a crime of violating the Road Traffic Act (drinking) as above, on January 9, 2018, the Defendant driven the B-wing truck under the influence of alcohol concentration of about 0.083% from the 5km to the road before the new fire-fighting box of approximately 56-5 meters in front of the new fire-fighting box of the same 42-7, Jindo-gun, Jindo-gun, Jindo-gun, Nam-gun, Seoul, the south-do, at around 20:48 on January 9, 2018, while driving the B-wing truck under the influence of alcohol concentration of about 0.083% in blood.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of driving at home, report on the circumstances of the driver at home, investigation report (report on the circumstances of the driver at home), and inquiry into the results of regulating the driving of drinking;

1. Previous conviction: Application of a reply to inquiry, such as criminal history, and a copy of each summary order;

1. Relevant legal provisions and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the selection of punishment for a crime, and the selection of imprisonment;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for the sentencing of Article 62-2 of the Criminal Act is a very dangerous crime because the surveillance of protection, the community service order, and the order to attend lectures may put heavy persons at large risk.

The Defendant repeatedly committed the instant crime even though he/she was punished twice or more for the same crime.

Considering these circumstances, it is necessary to punish the accused strictly.

However, since there are some favorable circumstances for the defendant, such as the fact that the defendant acknowledges and reflects all of the mistakes, and there is no history of punishment exceeding the fine, the execution of the sentence against the defendant shall be suspended at once, taking this into account, and the degree of the defendant's main practice, age, sex, environment, circumstances of the crime, and crime.