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 two years from the date this judgment becomes final and conclusive.

Criminal facts

On October 25, 2006, the Defendant was issued a summary order of KRW 1.5 million by a fine for a violation of the Road Traffic Act at the Busan District Court on September 10, 2008; on September 10, 2008, the Defendant was sentenced to a fine of KRW 2.5 million by the same court as the same crime; on October 11, 201, the Defendant was issued a summary order of KRW 1.5 million by the same court as the same crime.

On January 5, 2019, at around 01:00, the Defendant driven a B-be truck under the influence of alcohol leveling 0.126% at a distance of about 2km from the roads near the industrial tower located in Ulsan-gu New-dong, Ulsan-gu, Seoul-do to the roads above the Taecheon-gu, Ulsan-do.

Accordingly, the Defendant, who violated the prohibition of drunk driving more than twice, was driving the above cargo under the influence of alcohol again.

Summary of Evidence

1. Defendant's legal statement;

1. Statement on the circumstantial statement of the employee;

1. Previous convictions: Application of Acts and subordinate statutes concerning criminal records;

1. Relevant provisions of Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning criminal facts, 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 on the suspended execution (Consideration of reflector, influence of drunk driving, etc.);

1. Article 62-2 (1) of the Criminal Act for community service and orders to attend lectures;