A defendant shall be punished by imprisonment with prison labor for not more than ten 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 4, 2008, the Defendant was sentenced to a suspended sentence of 6 months by imprisonment with prison labor for a violation of the Road Traffic Act, etc. at the Suwon District Court on September 4, 2008, and on October 2, 2008, the same court was sentenced to a suspended sentence of 6 months by imprisonment with prison labor for a violation of the Road Traffic Act.

Although the Defendant had been able to violate Article 44(1) of the Road Traffic Act more than twice, on October 11, 2018, at around 06:21, the Defendant driven a DNA X-sports cargo vehicle from the 1km section from the front side of the road located in Seoan-gu, Seoan-gu, Seoan City, Seoan-gu, Seoan-gu to the front side of the Yan-gu, Seoan-gu, Yan-dong, Seoan-gu.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement statement and investigation report of the employer (the circumstantial report of the employer-employed driver);

1. Application of Acts and subordinate statutes to reply to criminal records, etc., report on results of confirmation on dispositions; and

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. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act ( considered as favorable circumstances among the grounds for the relevant punishment);

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

1. The reasons for sentencing under Article 62-2 of the Criminal Act, such as probation, community service order, and order to attend a meeting, are very dangerous crimes that may cause unexpected behaviors to the life and family of others by raising the possibility of traffic accidents, and thus, in order to prevent such crimes, the defendant is bound to bear strict responsibility for the acts related thereto. The defendant committed the crime of this case even though there are several times criminal records including the records in the judgment, and the defendant committed the crime of this case. Meanwhile, the defendant led to confession and reflect against the crime of this case; the defendant has no record of punishment for drunk driving after 2008; the defendant has no record of punishment for drunk driving after 208; and the records and arguments such as the numerical density of blood alcohol concentration of this case are considered.