A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above punishment shall be suspended for one year from the date of the final judgment.

Punishment of the crime

On February 14, 2011, the Defendant received a summary order of KRW 1.5 million from the Daegu District Court to a fine for a violation of the Road Traffic Act, and a summary order of KRW 2.5 million from the same court on September 26, 2014 to a fine for the same crime, respectively.

Despite the fact that the Defendant had been punished two times or more due to drinking driving, the Defendant driven the E-Poter truck in a state of alcohol alcohol level of about 0.080% at a distance of about 50 meters from around 21:05 on March 1, 2019 to the front road of “D” located in B from the Do in the city of Busan to the front road of “D”.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statements of a drinking driver and report on the control of drinking driving;

1. Previous records of judgment: Criminal history records, prosecutorial investigation reports, and copies of each summary order shall be applied;

1. Relevant Article of the Act on Criminal facts and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act which choose the penalty;

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

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

1. Probation and lecture attendance order under Article 62-2 of the Criminal Act requires the society's request to eradicate harmful effects of drinking and driving under the influence of alcohol, and the driving under the influence of drinking without going through the outside, and the force of punishment for drinking under the influence of drinking is more than three times even though the person engaged in transportation business has been engaged in transportation business, and the risk of repeating a crime is high, the person who has been sentenced to imprisonment for severe warning shall be selected for severe warning: Provided, That the execution of the sentence shall be suspended by taking into account such favorable circumstances as the fact that there is no punishment of the previous imprisonment without prison labor or more, the fact that there is no punishment for the previous imprisonment without prison labor or more, the fact that the elderly and his/her children are the most supported, the fact that there is no punishment for the elderly and his/her three children, the fact that the enforcement of the sentence is the necessity of efficient management and supervision of the probation officer and systematic compliance education for

b. It is so decided as per Disposition for more than one reason.