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 a period of two years from the date this judgment becomes final and conclusive.

Punishment of the crime

피고인은 2017. 8. 16. 21:20 경 포항시 남구 연일읍 동 문리에 있는 연일 옻닭 앞 도로에서부터 같은 리에 있는 수정아파트 앞 도로에 이르기까지 약 100m 구간에서 혈 중 알콜 농도 0.297% 의 술에 취한 상태로 B 포터 화물차를 운전하였다.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating drinking driving;

1. Application of Acts and subordinate statutes to a report on the circumstances of drivers at home;

1. Article 148-2 (2) 1 and Article 44 (1) of the Road Traffic Act applicable to the facts constituting an offense and Articles 148-2 (2) 1 and 44-2 (Selection of Imprisonment);

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. The reasons for sentencing under Article 62-2 of the Criminal Act include: (a) the accused is divided by mistake; (b) the accused does not have any particular criminal record in addition to the fine; and and and (c) the sentencing conditions specified in the pleadings of this case, including the accused’s age, environment and sexual conduct, shall be determined as ordered by taking into account all the circumstances.