A defendant shall be punished by imprisonment for not less than eight 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

[criminal power] On October 25, 2017, the Defendant issued a summary order of KRW 1 million for a crime of violation of the Road Traffic Act at the Gangseo branch court of the Chuncheon District Court on October 25, 201, and on August 30, 2011, the above court issued a summary order of KRW 1 million for the same crime, and the records of drinking driving are three times in total.

【Criminal Facts】

피고인은 술에 취한 상태에서의 운전 금지 규정을 2회 이상 위반한 사람으로서 2018. 11. 1. 09:48경 강릉시 구정면 소재 제8사단 소속 지원부대에서부터 같은 면 소재 동해고속도로 남강릉톨게이트에 이르기까지 약 2km 구간에서 혈중알콜농도 0.109%의 술에 취한 상태로 B ‘C25톤초장축카고트럭’ 화물차를 운전하였다.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. Notification of the control of drinking driving;

1. Previous records of judgment: Criminal records, inquiry reports, investigation reports (verification of suspect's records of drinking driving), and application of two copies of summary order Acts and subordinate statutes;

1. Relevant Article of the Act on Criminal facts and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act which choose the penalty;

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

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

1. The sentencing of Article 62-2 of the Criminal Act on the grounds of sentencing, including the defendant’s age, character and conduct, environment, circumstances before and after the crime, and the circumstances of the crime, etc., shall be determined as ordered by comprehensively taking into account all the conditions of the sentencing indicated in the records.

An unfavorable circumstance: A normal situation in which drinking water is reasonable and repeated for the same kind of crime: The confession is made and his mistake is divided, and there is no record of punishment exceeding the fine.