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

Punishment of the crime

[criminal history] On April 3, 2012, the Defendant was sentenced to a summary order of KRW 5 million for a crime of violating the Road Traffic Act (drinking driving) at the Busan District Court, and on February 19, 2014, the Defendant was sentenced to a suspended sentence of two years for eight months for a crime of violating the Road Traffic Act (drinking driving) at the Busan District Court's Dong Branch Branch.

[Criminal facts] On April 1, 2017, the Defendant driven a C salary and one ton cargo vehicle at a section of about 4 km from the front side of the ideology-gu Busan to the front side of the cho Lake-dong in the same Gu, while under the influence of alcohol content of 0.082% during blood on April 1, 2017.

Therefore, even though the Defendant violated two times or more due to drinking, the Defendant was driving a motor vehicle under the influence of alcohol as above.

Summary of Evidence

1. Statement by the defendant in court;

1. Fact-finding reports on drivers of drinking alcohol and inquiry into the results of crackdown on drinking alcohol;

1. Previous convictions in judgment: Inquiry about criminal history and application of Acts and subordinate statutes to investigation reports (verification of the same kind of force, etc.);

1. The provision of Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act and the selection of imprisonment for a crime under the relevant provision of the Act;

1. Article 53 or 55 (1) 3 of the Criminal Act to mitigate small quantities (i.e., reflective points and the degree of alcohol concentration during blood);

1. Article 62 (1) of the Criminal Act ( repeatedly considering the above circumstances);

1. Protective observation and community service order under Article 62-2 of the Criminal Act;