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 December 13, 2007, the Defendant was issued a summary order of KRW 1 million for a crime of violating the Road Traffic Act at the Seoul Southern District Court, and on April 12, 2016, a summary order of KRW 3 million for the same crime at the Busan District Court.

[Criminal facts] On September 8, 2017, the Defendant driven B Poter truck under the influence of alcohol leveling 0.07% of 0.77% in blood alcohol level at approximately 400 meters in front of the 115-dong road located in the same Dong from the Do in front of the non-cafeteria 115-dong at the bottom of the Busan Spool-gu, Busan at around 23:23, 2017

Summary of Evidence

1. Statement by the defendant in court;

1. Statement report on the circumstances of a driver who is placed in driving, inquiry into the results of crackdown on drinking, and the driver's license register;

1. Previous conviction: Application of Acts and subordinate statutes to inquire about criminal history and a copy of a summary order;

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense; Article 152 subparagraph 1 and Article 43 of the Road Traffic Act (unlicensed Driving)

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment with prison labor chosen;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (see, e.g., Supreme Court Decision 201Da1448, Apr. 1, 201);

1. Article 62 (1) of the Criminal Act ( repeatedly considering the above circumstances);

1. An order to attend a course under Article 62-2 of the Criminal Act;