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

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

On August 17, 2007, the Defendant issued, at the Daejeon District Court, a summary order of KRW 3 million for a crime of violation of the Road Traffic Act, and at the same court on March 7, 2013, a summary order of KRW 4 million for the same crime, respectively, and on May 1, 2014, the Defendant was sentenced to a suspended sentence of KRW 6 months for the same crime in the same court.

At around 15:30 on March 17, 2019, the Defendant, who violated the prohibition of drinking alcohol twice or more, driven a DNA cargo vehicle with a blood alcohol concentration of about 0.131% in the section of about 25km from the C cafeteria located in Daejeon Seo-gu Daejeon to the Seonam-dong, Daejeon Seo-gu.

Summary of Evidence

1. Defendant's legal statement;

1. Reports on the details and results of the regulation of drinking driving;

1. Previous records of judgment: Criminal records, inquiry reports, criminal investigation reports (Attachment of the same force records against a suspect), application of statutes of the judgment;

1. Article 148-2(1)1 and Article 44(1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018); the choice of imprisonment for a crime;

1. Article 53 and Article 55(1)3 of the Criminal Act for discretionary mitigation (hereinafter referred to as “reasons for discretionary mitigation”), which is favorable to the defendant, is considered in light of circumstances favorable to the defendant

1. Article 62 (1) of the Criminal Act;

1. Probation, community service order, and order to attend a lecture under Article 62-2 of the Criminal Act: (a) the Defendant again committed the instant crime even if he/she had a previous conviction of the same kind; (b) the blood alcohol concentration is considerably high; and (c) the Defendant appears to recognize and reflect his/her criminal act; and (d) the Defendant does not repeat the crime; and (c) the circumstances favorable to the Defendant are favorable to the Defendant, such as the Defendant’s age, character and behavior, family relationship, family environment, and circumstances after the crime, etc.; and (d) the punishment as ordered is determined by taking into account various sentencing conditions