A defendant shall be punished by imprisonment for 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

[criminal power] On November 7, 2013, the Defendant was sentenced to a fine of KRW 1.5 million as a crime of violation of the Road Traffic Act in the Southern District Court of the Jeonju on November 7, 2013, and a fine of KRW 1 million as a same crime in the same court on March 25, 2016.

【Criminal Facts】

On June 9, 2016, at around 22:30, the Defendant driven a c1 ton cargo vehicle in the state of alcohol alcohol concentration of approximately 0.105% from the section of about 1k, from the front elementary school in front of the race city, to the front road of the breath in the same side.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statements of a drinking driver, and notification of the result of crackdown on drinking driving;

1. Previous convictions in judgment: Application of Acts and subordinate statutes to criminal records and investigation reports (former and report accompanied by a summary order);

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. To select a sentence of imprisonment in consideration of the fact that two times of criminal punishment due to the driving of drinking alcohol for the reason of sentencing under Article 62-2 of the Criminal Act, even though there exists a history of driving under drinking again.

However, considering the favorable circumstances that there is no criminal record exceeding a fine, and that another person would not drive under the influence of alcohol, the punishment shall be determined as ordered in consideration of the overall sentencing conditions, such as the blood alcohol concentration in the instant case, the criminal records of the accused, the age and health of the accused, etc.