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

On October 5, 2009, the Defendant was issued a summary order of KRW 1.5 million for a crime of violating the Road Traffic Act by the Changwon District Court, and on March 22, 2010, issued a summary order of KRW 3.5 million for the same crime by the same court.

On September 13, 2017, the Defendant driven B Poter truck under the influence of alcohol concentration of about 0.094% in a section of about 20km from the Do in which the water control of the Mapo-si, Changwon-si, Changwon-si, Changwon-si was conducted before the local collection of the fourth village, and from the Do in the same city, to the front road of the Mapo-gu, Mapo-gu, Sinsan-si, Mapo-si, the Do.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on the driving of drinking and the statement in the circumstances of the driver;

1. Previous conviction: Application of a reply to inquiry, such as criminal history, and a report on investigation (Attachment to the previous summary order) by Acts and subordinate statutes;

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. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

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

1. The reason for sentencing under Article 62-2 of the Criminal Act, even though the defendant had a history of criminal punishment due to drinking or non-licensed driving, he/she also driven under drinking.

Provided, That the punishment as ordered shall be determined by taking into account the fact that the crime is recognized, the alcohol concentration and driving distance of the defendant's blood, the age, sex, environment, motive and circumstances of the crime, etc.