A defendant shall be punished by imprisonment with prison labor for up to six months.

Punishment of the crime

[2] On February 16, 2009, the Defendant was issued a summary order of a fine of KRW 2 million for a violation of road traffic law in support of the Daejeon District Court Seosan on September 5, 201, and on September 5, 2011, the Defendant was issued a summary order of KRW 4 million for a violation of road traffic law (refence of drinking), and on April 23, 2012, the Defendant was sentenced to a summary order of KRW 6 million for a violation of road traffic law (refence of drinking), and on March 22, 2016, the Defendant was sentenced to a suspended sentence of one year for a violation of road traffic law (refence of drinking) by the same court.

[ 범죄사실] 피고인은 2018. 7. 8. 14:30 경 혈 중 알콜 농도 0.070% 의 술에 취한 상태로 논산시 B C 호 D 앞 공용 주차장에서부터 같은 시 가야곡면 종 연리에 있는 탑 정호 수문 앞 도로에 이르기까지 약 4km 의 거리에서 E 봉고Ш 화물 차를 운전하였다.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on driving alcohol;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, and application of Acts and subordinate statutes to investigation reports (prior convictions);

1. Article 148-2 (1) 1 and Article 44-2 (1) of the Road Traffic Act concerning facts constituting an offense;

1. Imprisonment with prison labor chosen;

1. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act is that the Defendant was punished several times for the same kind of crime and that the Defendant was sentenced to a suspended sentence of imprisonment in 2016, and thus, it is inevitable to punish the Defendant with severe punishment.

However, the defendant's mistake is recognized, and there is no accident, considering the favorable circumstances.

In addition, in consideration of the degree of alcohol concentration, driving distance, age, sex, environment, criminal records, the circumstances after the crime, etc., all the sentencing conditions shown in the pleadings of this case shall be determined as ordered in the same manner.