A defendant shall be punished by imprisonment for not less than eight months.

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

Criminal facts

On January 3, 2011, the Defendant was issued a summary order of KRW 2.5 million by the Changwon District Court for a crime of violating the Road Traffic Act, and a fine of KRW 5 million by the same court on July 29, 2013.

On July 13, 2018, at around 16:10, the Defendant driven three cargo vehicles with approximately 0.247% alcohol concentration in the 25km section from the front of the funeral hall of the Dong University Hospital in Ulsan-si to the road at the Busan-do Busan-do Busan-do, Ulsan-do. The Defendant driven three cargo vehicles while under the influence of alcohol concentration of about 0.247% in the 25km section.

As a result, the Defendant was punished twice as a crime of violating the Road Traffic Act (drinking) but driven the above cargo while under the influence of alcohol.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement on the circumstances of the driver involved and response to the request for appraisal;

1. Previous conviction: Application of Acts and subordinate statutes of inquiry about criminal history;

1. The provision of Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act and the selection of imprisonment for a crime under the relevant provision of the Act;

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 stay of execution (Consideration of reflector, influence of drinking driving, etc.);

1. Article 62-2 (1) of the Criminal Act for community service and orders to take lectures;