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 February 23, 2010, the Defendant was sentenced to a fine of KRW 500,000 as a crime of violating the Road Traffic Act in the Southern Branch of the Gwangju District Court on February 23, 2010, and was sentenced to a fine of KRW 6 million as a crime of violating the Road Traffic Act in the Southern Branch of the Gwangju District Court on October 20, 2015.

[2] Although the Defendant had been punished twice or more due to the above crime of violating the Road Traffic Act (driving of Drinking), he driven B Poter cargo with approximately 0.228% alcohol concentration in the 6km section from the front of the elementary school in the Republic of Korea to the roads located in the same 23m-rig in the same area from the front of the elementary school in the south-west-gun of South Korea on June 17, 2017.

Summary of Evidence

1. Statement by the defendant in court;

1. Details of control reports, reports on the results of crackdown on drinking driving, circumstantial statements made by drivers of drinking, and inquiries about management of reports on detection of drinking;

1. Investigation report (report on the situation of the driver in charge); and

1. Previous convictions in judgment: (A) a response to inquiry, such as criminal history, a copy of an investigation report (Attachment of a summary order), and the application of two copies of a summary order;

1. Relevant legal provisions and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the selection of punishment for a crime, and the selection of imprisonment;

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 Article 62-2 of the Criminal Act, even though the Defendant had been punished three times due to drinking driving, committed the instant crime.

In addition, the amount of alcohol concentration of the defendant's blood at the time of drinking is not low.

Considering the above circumstances, the suspension of execution shall be imposed only once taking into account all the sentencing factors revealed in the trial process of the instant case, such as the fact that the Defendant’s mistake reflects the Defendant’s mistake, the fact that there was no record of punishment exceeding the fine, and the age, sex, environment, circumstances, circumstances after the crime, etc.