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

[2] On August 12, 2008, the Defendant issued a summary order of KRW 2,50,000 as a fine for a violation of road traffic law at the Chuncheon District Court on August 12, 2008, a summary order of KRW 2,50,000 as a fine for the same crime in the same court on June 9, 2010, and a summary order of KRW 5,00,000 as a fine for the same crime in the same court on April 16, 2014.

[Criminal facts] On August 4, 2018, the Defendant driven a Damp truck under the influence of alcohol leveling 0.164% of alcohol leveling from around 4km to around 0.4m to around 0,00,00 Ycheon-si (Seoul), where he/she was drunk in around 20:49 to around 4km-si.

Accordingly, the defendant, who violated the prohibition of drinking under the Road Traffic Act not less than twice, was driving again.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the circumstances of driving at home and a report on the circumstances of the driver at home;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, (A) and Acts and subordinate statutes of the report of investigation;

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 to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reasons for sentencing under Article 62-2 of the Criminal Act include: (a) the Defendant was punished for the crime of violating the Traffic Act of 208, 2010, and 2014; (b) the degree of alcohol level was high at the time of committing the instant crime; and (c) the fact that the Defendant was a high level of alcohol level at the time of committing the instant crime, which was disadvantageous to the Defendant.

However, the fact that the defendant seems to have recognized and reflected the crime of this case, the crime of this case is limited to a simple drinking driving, the more severe result did not occur, and the defendant has no record of criminal punishment heavier than that of qualification suspension, etc. shall be considered as an element of sentencing favorable to the defendant. In addition, the defendant's age, sex behavior, environment, and motive and motive of the crime.