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 June 29, 2009, the Defendant issued a summary order of KRW 1.5 million for a crime of violating the Road Traffic Act at the Changwon District Court on the summary order on June 7, 201, a summary order of KRW 2 million for the same crime in the same court on June 7, 201, and a summary order of KRW 5 million for the same crime in the same court on September 4, 2017, respectively.

[2] On July 10, 2017, while under the influence of alcohol level of 00:40% from blood, the Defendant started front of the mutual influorial source located in the counter of Changwon-si, Changwon-si, and driven a Bribeon truck from the section of approximately 500 meters up to the same Dondong-dong Dondong-dong.

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. Statement report and investigation report on the situation of the driver at the main place of business (report on the situation of the driver at the main place of business);

1. Previous convictions in judgment: Inquiry about criminal history, reporting on investigation (Attachment of indictment) and application of the defendant's statutory statement statutes;

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 reason for sentencing under Article 62-2 of the Criminal Act, the Defendant already committed a second offense without being aware of the history of having been punished four times due to drinking driving.

In particular, since two months have not passed since the Defendant was found to have been drunkly driven, the Defendant committed the instant re-offending by using the same vehicle.

However, the defendant reflects the wrongness in depth and does not repeat again in the future.

The influence of alcohol did not lead to an actual accident without being serious.

The preceding previous conviction was sentenced to a fine in full, and the last five years of which is less than one case, and it is more advantageous to the fact that there has been no previous conviction or more than one year of suspension of execution.