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

The defendant is a person who was sentenced to the suspension of indictment at the office of Youngcheon District Public Prosecutor's Office on March 26, 2008 for the violation of the Road Traffic Act, and the suspension of indictment at the same public prosecutor's office on February 26, 2016 for the same crime.

Around 08:08 on May 8, 2019, the Defendant driven F Cargo Vehicles at approximately KRW 6 km from the Gangwon-si parking lot B “C” to the front road of D “E” in the same city, while under the influence of alcohol of 0.102% of blood alcohol concentration.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the driver, the report on the situation of the driver, and the report on the status of the driver;

1. Previous convictions indicated in judgment: The application of two copies of criminal records and records of the control of drinking driving and other Acts and subordinate statutes;

1. Article 148-2(1)1 and Article 44(1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018); the choice of imprisonment for a crime

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

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

1. Reasons for sentencing under Article 62-2 of the Criminal Act;

1. The scope of applicable sentences: Imprisonment for not less than six months up to one year and six months;

2. Scope of recommending types: Setting of unspecified sentencing criteria.

3. The Defendant, who was sentenced, driven a cargo vehicle about 6 km while under the influence of alcohol with a blood alcohol content of 0.102%.

In 208 and 2016, the defendant has a record of being suspended from indictment for the crime of drunk driving.

The punishment as ordered shall be determined by comprehensively taking into account the following factors: (a) the blood alcohol concentration and distance, driving distance, the contents and distance of previous punishment records, and the age, character and conduct, family relationship, motive and means of a crime, circumstances after a crime, etc.; and (b) various sentencing conditions shown in the records and arguments of this case