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.

Punishment of the crime

On November 12, 2015, the Defendant received a summary order of KRW 2 million from the Busan District Court to a fine for a violation of the Road Traffic Act. On September 13, 2018, the Defendant received a summary order of KRW 1,50,000 as a fine for the same crime.

On June 10, 2019, around 21:08, the Defendant driven C cargo vehicle while under the influence of alcohol with approximately 0.137% alcohol concentration at a section of about 3 km from the 3km of the National Forest Administration of the National Forest Administration of the Yangsan-si, Yangsan-si, Geumsan-si.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the drinking driving control, and the statement on the state of drinking drivers;

1. Previous convictions indicated in judgment: Application of criminal records and summary order statutes;

1. Articles 148-2(1)1 and 44(1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018); the choice of imprisonment for a crime

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

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

1. The fact that probation, order to attend a lecture or order to attend a community service order recognizes the facts charged for sentencing under Article 62-2 of the Criminal Act, and that there is no criminal record exceeding the fine is favorable to

On the other hand, the fact that blood alcohol concentration is high and that there are two times before drinking is disadvantageous to the defendant.

In addition, the punishment shall be determined as ordered by taking into account various factors of sentencing, such as the defendant's age, environment and motive for crime.