A defendant shall be punished by imprisonment for not more than ten months.

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

Punishment of the crime

On August 25, 2011, the Defendant was sentenced to a fine of 4.5 million won due to a violation of road traffic law (drinking), etc. at the Changwon District Court’s Tongwon District Court’s Tong branch on September 15, 2011, and was sentenced to a summary order of 4 million won due to a violation of road traffic law (drinking), etc. on September 15, 201. On February 1, 2012, the Defendant was issued a summary order of 4 million won due to a violation of road traffic law (drinking) at the Changwon District Court’s Tong District Court’s Tong branch branch branch.

Criminal facts

On August 26, 2018, the Defendant driven an E 1 ton vehicle from approximately 1km to the front of the entrance of the D market located in Gyeongsung-gun, Gosung-gun, G in the direction of alcohol 0.175%, while under the influence of alcohol during blood transfusion around 12:45%.

Summary of Evidence

1. Statement by the defendant in court;

1. Investigation report (report on the situation of the driver in charge of driving), report on the circumstances of the driver in charge of driving, and notification of the results of regulating drinking;

1. Previous convictions indicated in the judgment: Inquiry about criminal history, investigation reports (the previous convictions), one copy of the judgment, and application of Acts and subordinate statutes of two copies of the summary order;

1. Relevant legal provisions and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the selection of punishment for a crime, and the selection of imprisonment;

1. Articles 53 and 55(1)3 of the Criminal Act (the following conditions considered in favor of sentencing) of the mitigated amount;

1. Article 62 (1) of the Criminal Act on the stay of execution (The following consideration shall be repeated for a favorable reason in which the sentencing is considered to be flexible):

1. Despite the fact that the defendant, on the grounds of protecting and observing the social service order and sentencing Article 62-2 of the Social Service Order, was a driver of a selective vehicle, the defendant was found to have been found while driving a vehicle after drinking alcohol. The defendant had the same criminal record three times. However, there is no criminal record exceeding the fine, and the defendant's age, sex, sex, environment, health conditions, circumstances leading to the crime, means and results, and the circumstances after the crime, etc. are considered as the order of sentencing under Article 51 of the Criminal Act.