A defendant shall be punished by imprisonment for not less than eight months.

except that 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 October 31, 2006, the Defendant was sentenced to a fine of two million won for the crime of violation of the Road Traffic Act at the Incheon District Court on October 31, 2006, and a fine of two million won for the same crime at the same court on February 13, 2007.

As above, the Defendant, who was punished two or more times for the crime of violating the Road Traffic Act, was driving B Poter trucks over a section of about 500 meters around the roads near the Southern-gu, Incheon Metropolitan City under the influence of alcohol concentration of 0.268% on August 11, 2013.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the crackdown on drinking driving, report on the circumstances of drinking driving, and circumstantial statement of the drinking driver;

1. Inquiries, such as criminal records, and the application of Acts and subordinate statutes reporting criminal investigations;

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

1. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation (see, e.g., Supreme Court Decision 201Da1548, Apr. 1, 201);

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