A defendant shall be punished by imprisonment for 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 July 29, 2009, the Defendant was issued a summary order of KRW 2 million for a crime of violating Road Traffic Act (driving alcohol) at the Daejeon District Court. On September 17, 2014, the Defendant was issued a summary order of KRW 3 million for the same crime at the Jeonju District Court.

[2] Although Defendant 1 had been punished twice or more due to driving of alcohol as above, Defendant 2 driven B scambling freight more than 0.056% of alcohol content in the 10km section from the front side of the Tonju-gun located in the same Sin-gun-si from the front side of the 10km-gu in the same Sin-si on July 20, 2018, even though he had been under the influence of punishment two times or more due to driving of alcohol.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating the driving of drinking alcohol and statement in the circumstances of the driver of drinking alcohol;

1. Previous convictions: To refer to inquiries about the results of crackdown on driving alcohol, replys to inquiries, such as criminal history, and apply Acts and subordinate statutes to investigation reports (Attachment reports to summary orders);

1. Relevant legal provisions and Articles 148-2 (1) 1 and 44-2 (1) of the Road Traffic Act concerning criminal facts, the selection of imprisonment for a crime (such as the fact that two times a drinking driver is punished for driving and one time a driver is punished for driving without a license, etc.);

1. Article 53 and Article 55(1)3 of the Criminal Act for Reduction of Small Quantity (see, e.g., Supreme Court Decision 53 and Article 55(1)3 of the Act (see, e.g., Supreme Court Decision 2009Da14488, Apr. 2, 2009);

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. An order to attend a course under Article 62-2 of the Criminal Act;