A defendant shall be punished by imprisonment with prison labor for up to six 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

[criminal history] On November 23, 2006, the Defendant was issued a summary order of KRW 1.5 million for a crime of violating the Road Traffic Act (drinking driving), and on March 5, 2008, the Defendant was issued a summary order of KRW 2.5 million for the same crime in the same court on March 5, 2008. On May 12, 2009, the Defendant was sentenced to 6 months of imprisonment and 2 years of suspended execution for the same crime in the same court.

[Criminal facts] On October 15, 2018, the Defendant driven B Poter truck under the influence of alcohol content of 0.060% while under the influence of alcohol, from around 21:30 to around 500 meters from the front of the apartment complex in the remote city, a distant city 1, an apartment complex in the same Dong, to the front of the apartment complex in the same Dong.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances and investigation report of the driver at the main place of business (report on the situation of the driver at the main place of business);

1. Inquiries about the results of crackdown on drinking driving;

1. Criminal records: Application of the provisions of Part III Acts and subordinate statutes, such as a reply to inquiry, investigation report (verification of driving force under drinking), and text of judgment, such as criminal history;

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. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. The sentencing conditions indicated in the records, such as the defendant's age, occupation, sex, family relationship, and circumstances before and after the crime, under the grounds for sentencing under Article 62-2 of the Criminal Act, shall be determined as ordered by taking into account the following circumstances:

Unfavorable circumstances: A person who has been sentenced three times to a fine due to a violation of the Road Traffic Act (drinking driving), and has a record of being sentenced to the suspension of the execution of imprisonment with labor for the same crime.

The favorable circumstances: The mistake is recognized and reflected.

The alcohol concentration in blood is not high.

The driving distance is not driving.

The most recent criminal history of the violation of the Road Traffic Act(drawing driving) is the light in 2009.