A defendant shall be punished by imprisonment for not more than ten 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

[2] On May 3, 2007, the Defendant received a summary order of KRW 1,50,000,000 from the Cheongju District Court to a fine for a violation of the Road Traffic Act (driving), and on October 22, 2014, a summary order of KRW 3 million was issued from the Busan District Court to the same crime.

[2] On October 24, 2017, the Defendant driven a B-type truck with approximately 1.5m alcohol concentration at approximately 0.064% of Korean specialty technology while under the influence of alcohol at approximately 0.064m from the 1.5m section in front of Kim Gedba, located in the East Sea at around 22:10 on October 24, 2017 to the fishery Pacific road located in the same region.

Accordingly, even though the Defendant violated Article 44(1) of the Road Traffic Act more than twice, the Defendant was driving a motor vehicle under the influence of re-driving.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement report on the circumstances of the driver who is to take the driving, investigation report (report on the circumstances of the driver who is to take the driving), and report the results of regulating drinking driving

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, and of a summary order, to two Acts and subordinate statutes;

1. Relevant legal provisions and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the selection of punishment for a crime, and the selection of imprisonment;

1. Article 53 and Article 55 (1) 3 of the Criminal Act for Reduction of Small Quantity (see, e.g., Supreme Court Decision 53 and Article 55 (1) 3 of the same Act (see, e.g., Supreme Court Decision 2009Da14488,

1. Article 62 (1) of the Criminal Act on the suspension of execution (resumed grounds for reduction of amount);

1. Article 62-2 of the Criminal Act concerning community service and order to attend lectures;