A defendant shall be punished by imprisonment for not more than ten 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 August 3, 2012, the Defendant received a summary order of KRW 5 million for a crime of violating road traffic laws (drinking driving) at the Ulsan District Court, and on May 22, 2014, the Defendant received a summary order of KRW 8 million for a crime of violating road traffic laws (drinking driving) at the Ulsan District Court.

[Criminal facts] On August 2, 2018, the Defendant driven a DNA truck under the influence of alcohol with approximately 300 meters alcohol concentration of 0.085% in blood, from a section of about 300 meters from the front of the apartment house due in Ulsan-gu, Ulsan-gu to the Maart road located in Ulsan-gu.

As a result, the Defendant was punished twice or more as a crime of violating the Road Traffic Act, but he was under the influence of alcohol.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of regulating driving of drinking, notification of the results of regulating driving of drinking, report on the circumstances of drivers of drinking, investigation report (report on the circumstances of drivers of drinking), and on-site photographs;

1. Previous convictions in judgment: Application of inquiry statements, such as criminal history, and of each summary order;

1. Relevant Article of the Act and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act concerning the facts constituting an offense;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The consideration of favorable circumstances described in the grounds for sentencing);

1. Article 62 (1) of the Criminal Act on the stay of execution (The consideration of favorable circumstances described in the grounds for sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act on orders to provide community service and attend lectures;

1. The sentencing criteria are not set for offenses of violating traffic laws on roads;

2. 선고형의 결정 ◎ 피고인에게 유리한 정상은 다음과 같다.

There is no criminal history except for the previous offense of fine for a violation of traffic law on three occasions against the defendant.

The defendant reflects his depth on the crime.

◎ 피고인에게 불리한 정상은 다음과 같다.

Although the Defendant had been able to punish the same kind of crime, the Defendant committed the instant crime.

breath.