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 two years from the date this judgment becomes final and conclusive.

Punishment of the crime

On August 21, 2008, the Defendant received a summary order of KRW 2,50,000 as a fine for a violation of the Road Traffic Act (driving) from the Daejeon District Court's Branch on August 21, 2008. On November 18, 2008, the Defendant received a summary order of KRW 3 million as a fine for a violation of the Road Traffic Act (driving) from the Daejeon District Court's Branch on November 18, 2008.

Although the Defendant had been able to violate Article 44(1) of the Road Traffic Act more than twice, at around 22:30 on December 27, 2018, the Defendant driven a F Poter truck with a blood alcohol content of about 400 meters from the front side of the road located in Asan-si B to the front side of the road located in Asan-si D, Asan-si.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the statement of the state of drinking drivers, investigation report (report on the state of drinking drivers), and notification of the results of the control of drinking driving;

1. Previous records of judgment: Criminal records, inquiry reports, investigation reports (report on attachment of criminal records of the same kind of suspect), application of statutes of the judgment;

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. Although the defendant had been punished for not less than three times on the grounds of sentencing under Article 62-2 of the Criminal Act, the punishment as ordered shall be determined by taking into account the fact that he/she driven the instant case, the blood alcohol concentration of the instant case is high, and the defendant reflects the fact that he/she is driving under drinking.