A defendant shall be punished by imprisonment for six months.

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

Punishment of the crime

On January 16, 2008, the Defendant received a summary order of KRW 2 million from the Busan District Court to a fine for a violation of the Road Traffic Act, and on October 20, 2015, the Defendant received a summary order of KRW 2 million from the same court to a fine for a violation of the Road Traffic Act.

Although the Defendant had been punished twice or more as above, on November 22, 2018, at around 20:30 on the road located in Busan B, the Defendant driven the Fwing three truck, which is owned by the Defendant, under the influence of alcohol level of about 0.050% from the section of approximately 300 meters from the road located in the same Gu, before the E police station located in the same Gu D, to the road.

Summary of Evidence

1. Defendant's legal statement;

1. Statement on the circumstantial statement of the employee;

1. Inquiry into the result of the crackdown on drinking driving;

1. Previous records of judgment: Criminal records, inquiry reports, and application of second-class summary order of the same military power-related Acts and subordinate statutes;

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;

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

3. Suspension of execution under Article 62 (1) of the Criminal Act (including the fact that blood alcohol concentration is not high and that there is no criminal record exceeding a fine).

4. Social service order under Article 62-2 of the Criminal Act;