A defendant shall be punished by imprisonment for six months.

Punishment of the crime

【Criminal Power】 On February 4, 2016, the Defendant was sentenced to six months of imprisonment with prison labor and two years of suspended execution for a violation of the Road Traffic Act at the Chuncheon District Court on February 4, 2016, and was sentenced to eight months of imprisonment with prison labor and two years of suspended execution for a violation of the Road Traffic Act in the same court on February 11, 2010.

【Criminal Facts】 A dump truck under the influence of alcohol content 0.102% at the 3km section from November 30, 2018, who violated the provision on prohibition of drunk driving twice or more, and operated a Cump truck under the influence of alcohol with approximately 3km to the vicinity of the “hump intersection” located in the same military north-west 3-2, Hongcheon-gun, Hongcheon-gun.

Summary of Evidence

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. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation is that the Defendant appears to have committed a crime and expressed his/her attitude to the contrary, and that it seems that there was no additional damage, such as a traffic accident, to others.

However, even though the Defendant was punished by the suspended sentence of imprisonment with prison labor in 2006, 2009, and 2016 due to drinking driving, the Defendant committed the crime of drinking driving in this case, which is disadvantageous to the Defendant.

In addition, the defendant's age, character and conduct, environment, motive and background of the crime, blood alcohol level, result of the crime, and all the circumstances that are the conditions for sentencing as shown in the arguments of this case, such as the circumstances after the crime, shall be determined as the sentence as ordered.