A defendant shall be punished by imprisonment for nine months.

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

Punishment of the crime

On July 8, 2008, the Defendant received a summary order of a fine of one million won due to a violation of the Road Traffic Act (driving) under the Jung-gu District Court Act. On July 13, 2010, the Defendant received a summary order of a fine of one million won due to the same crime in the same court. On December 15, 2010, the Defendant received a summary order of a fine of one million won due to the same crime.

On August 13, 2018, around 20:36, the Defendant driven a C Poter II cargo vehicle while under the influence of alcohol concentration of about 100 meters from Geumyang-dong Geumdong to the front road of the same city.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control of drinking driving;

1. Previouss before ruling: Criminal history records, inquiry reports, and application of Acts and subordinate statutes;

1. Relevant provisions of Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning criminal facts, and the choice of imprisonment;

1. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation (the fact that the blood alcohol concentration is not relatively high to less than 0.1%, the reflective fact, and the fact that it seems that there is no previous conviction in excess of a fine);

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Criminal Act is that the defendant has been convicted of a suspended sentence due to a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, and that the defendant has reached three times

However, the punishment shall be determined in consideration of the fact that the blood alcohol concentration is less than 0.1%, the reflective fact, and the fact that it seems that there is no previous conviction in excess of the fine.