A defendant shall be punished by imprisonment for 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 July 17, 2008, the Defendant was issued a summary order of KRW 700,000 as a crime of violating the Road Traffic Act in the support of the Daegu District Court of the Republic of Korea on July 17, 2008, and on February 23, 2012, the Defendant was issued a summary order of KRW 1 million as a crime of violating the Road Traffic Act (drinking).

[2] Although Defendant 1 had been able to violate Article 44(1) of the Road Traffic Act twice or more, Defendant 2 driven B Dozers XG automobiles under the influence of alcohol with approximately 0.109% alcohol concentration in the 1km section from around August 20, 2017 to the front road of Taesan steel products located in the west-gun, Hallan-gun, Hallan-gun, GS25 Etri on August 20, 2017.

Summary of Evidence

1. Statement by the defendant in court;

1. An explanatory note;

1. A traffic accident report;

1. Fact-finding reports on drivers of drinking alcohol and inquiry into the results of crackdown on drinking alcohol;

1. Previous convictions: Application of a reply to inquiry, such as criminal history, report on investigation (report on previous convictions), and statutes;

1. Relevant Article of the Act and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act concerning the facts constituting an offense;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. On the grounds of sentencing under Article 62-2 of the Criminal Act, the punishment as ordered shall be determined by comprehensively taking account of the defendant’s age, sex, environment, motive, means and consequence of the crime, circumstances after the crime, etc.

Unfavorable circumstances: Although there was a record of being punished twice for the same crime, the crime of this case was committed, and the accident occurred while driving alcohol.

The favorable circumstances: The crime of this case is against the law.

There is no record of punishment of suspended sentence or heavier for the same crime.