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 October 5, 2007, the Defendant was sentenced to a summary order of KRW 500,000 to a fine of KRW 500,000 for a crime of violating the Road Traffic Act (drinking driving), on October 15, 2009, to a summary order of KRW 700,000 for the same crime at the Busan District Court, and on August 12, 2014, to a suspended sentence of one year for six months for the same crime.

[Criminal facts] On July 7, 2018, the Defendant driven Cpoter II cargo vehicles under the influence of alcohol content of about 0.071% from the 4km section from the terminal parking lot of a common passenger ship in Tong-si, Tong-si, 231-2 at the 231-2 at the same time to the 73 Naol oil station in the same city.

Accordingly, the Defendant, who violated the prohibition on drinking at least twice, was driving a motor vehicle under the influence of alcohol in violation of the above provision.

Summary of Evidence

1. Statement by the defendant in court;

1. Notice of the results of regulating the driving of drinking alcohol, report on the situation of the driver of drinking alcohol, investigation report (report on the situation of the driver of drinking alcohol), and report on the case list 112;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, (A) and Acts and subordinate statutes to report on investigation (Attachment to such previous decisions, etc.);

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 grounds for sentencing under Article 62-2 of the Criminal Act include the following: (a) the Defendant has the same record of force; (b) the Defendant has been sentenced to a suspended sentence of imprisonment due to drinking driving in 2014; and (c) the Defendant’s age, sex, criminal conduct, environment, health conditions, circumstances leading to the offense, means, results, etc.; and (d) the conditions for sentencing prescribed in Article 51 of the Criminal Act, such as the circumstances after the commission of the offense, shall be determined