A defendant shall be punished by imprisonment for six months.

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

Punishment of the crime

On September 26, 2006, the Defendant received a fine of KRW 700,00,000 as a crime of violation of the Road Traffic Act, and a fine of KRW 2,00,000 as a fine from the Incheon District Court’s Busan District Court’s Busan Branch Branch on May 14, 2009, respectively, for the same crime.

Defendant on January 18, 2019: 21:44 Ansan-si, Ansan-si, Asan-si around January 18, 2019

B. From 10 meters away from the front to the front road of the same Gu C, Dpoter 2 truck was driven under the influence of alcohol by about 0.13% of alcohol concentration from a distance of about 10 meters.

Accordingly, the Defendant again driven a motor vehicle while under the influence of alcohol as a person who has violated the prohibition of drinking under Article 44 (1) of the Road Traffic Act not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the state of the operation of a motor vehicle;

1. An investigation report (specific distance from the vehicle to be operated);

1. Previouss before ruling: Criminal records, reply reports, the same previous records, and the application of Acts and subordinate statutes;

1. Relevant Article of the Act on Criminal facts and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act which choose the penalty;

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

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

1. Taking into account all the circumstances, such as the fact that the defendant's mistake is recognized for the reason of sentencing under Article 62-2 of the Criminal Act, criminal records of the defendant, blood alcohol concentration, driving distance, etc.