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 May 22, 2014, the Defendant issued a summary order of KRW 4 million for a crime of violation of the Road Traffic Act at the Gwangju District Court on May 2, 201, and on April 25, 2017, a summary order of KRW 2 million for the same crime at the Seoul Central District Court on April 25, 201, respectively, and the same criminal records are four times in total.

At around 06:20 on June 24, 2019, the Defendant, while under the influence of alcohol of 0.067% of blood alcohol concentration, operated a DNA excavated machine (19.9 tons) which is a construction machine from the Gwanak-gu in Seoul Special Metropolitan City to the front of the same Gu from approximately 300 meters.

Summary of Evidence

1. Defendant's legal statement;

1. Reporting on detection;

1. Records before judgment: Application of criminal history records, probationary order of the Seoul Central District Court 2017 High-Class 491, and summary order of the Gwangju District Court 2014 High-Class 5881 and summary order Acts and subordinate statutes;

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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

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

1. The sentence as ordered shall be determined in consideration of the various sentencing conditions shown in the pleadings of this case, including the fact that the number of blood alcohol concentration (0.067%) with the reason of sentencing under Article 62-2 of the Criminal Act, driving distance, criminal records of the same kind, and the defendant's mistake is divided.