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

【Criminal Power】 On December 7, 2006, the Defendant was issued a summary order of a fine of one million won for a violation of the Road Traffic Act at the branch office of the Suwon District Court on December 7, 2006. On November 22, 2012, the Defendant was ordered to suspend indictment for the same crime at the branch office of the Suwon District Public Prosecutor’s Office.

【Criminal Facts of Crimes】 On November 17, 2018, the Defendant driven Epoter II trucks under the influence of alcohol 0.053% of the blood alcohol concentration from the 1km section from the roads in front of the Si/Y-Eup to the roads in front of the same city D, from November 17, 2018.

Summary of Evidence

1. Defendant's legal statement;

1. Previous records as stated in the traffic accident report (on-site survey report) on site photographs, investigation reports (on-site report on the situation of a drinking driver): Criminal history records, etc. inquiry reports, investigation reports (whether they constitute recidivism by persons who have served not less than twice), and criminal investigation reports (verification of the list of suspect-related cases, etc.); and application of Acts and subordinate statutes;

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the choice of punishment, and the choice of imprisonment;

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

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

1. The crime of this case on the grounds of sentencing under Article 62-2 of the Criminal Act, including probation, community service order, and order to attend a lecture, is driving a vehicle under the influence of alcohol as stated in its reasoning, even though the defendant had been subject to a disposition of suspension of indictment on the grounds that the defendant was subject to criminal punishment or was discovered twice due to drunk driving, such as the criminal records in its judgment, and that the situation where it can sufficiently be seen that drinking is a state of drinking and drinking alcohol, it is difficult to immediately drive a vehicle and commit a crime by driving the vehicle.

However, the defendant's blood alcohol concentration is merely about 0.05% exceeding 0.05% which is the basis for drinking under the current Road Traffic Act, and under the influence of alcohol to the extent that the speech and walking condition were normal at the time of detection.