A defendant shall be punished by imprisonment for six 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 June 24, 2008, the Defendant received a summary order of KRW 1.5 million from the Seoul Western District Court to a fine of KRW 1.5 million for a violation of the Road Traffic Act, and on November 13, 2008, the same court received a fine of KRW 2 million for the same crime at least twice.

On October 7, 2018, at around 00:35, the Defendant driven a d-wing truck at approximately 2 km from the Hanyang-dong Port Lone Star-dong, Goyang-si to the Cinsin in the same Gu B, while under the influence of alcohol of 0.11%.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statements of a drinking driver, and inquiry into the results of the control of drinking driving;

1. Inquiry reports on criminal records, investigation reports, and application of Acts and subordinate statutes of a copy of judgment;

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the choice of punishment, and the choice of imprisonment;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);

1. The reason for sentencing under Article 62-2 of the Criminal Act is that the Defendant again committed the instant crime even though he had the record of criminal punishment twice due to the violation of the Road Traffic Act, and the blood alcohol concentration at the time of the instant crime is 0.11% lower than its numerical value. There are no circumstances to consider in the process of the instant crime, and the Defendant is a crime that may cause serious damage to the life, body, or property of another person as well as his own, and the need for a punishment corresponding thereto is disadvantageous to the Defendant.

However, the circumstances favorable to the defendant include the fact that the defendant recognizes the crime of this case and is against the defendant, and that there is no record of criminal punishment exceeding the fine, etc.

The age, character and conduct, family relationship, motive and circumstances of the crime, and circumstances after the crime are committed.