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

On April 13, 2009, the Defendant was sentenced to a summary order of 2.5 million won by committing a crime of violating the Road Traffic Act in the Western Branch of the Daegu District Court. On November 10, 2010, the Defendant was sentenced to a suspended sentence of 8 months by imprisonment for the same crime from the same support to the same crime.

On June 29, 2013, at around 14:13, the Defendant driven Cone Star Cargo with approximately 15km alcohol concentration 0.247% under the influence of alcohol, from the 15km section to the electric tunnel road located in Dasan-si, Dokdong-si, Dokdong-ri, Seobre 549-1.

Summary of Evidence

1. Defendant's legal statement;

1. Statement on the circumstances of the driver, report on the detection of the driver, and report on the driver;

1. Previous records: Application of inquiry reports and investigation reports, including criminal records, and Acts and subordinate statutes;

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. The reason for sentencing under Article 62-2 of the Criminal Act on probation, compliance driving lecture, despite the fact that the defendant was sentenced twice to a fine due to drinking driving, and one-time suspended sentence, the defendant committed the crime of this case at the time of the occurrence of a very high blood alcohol concentration and thus, the responsibility for the crime of this case is unlimited, the defendant's mistake is against the defendant, and the last punishment is the crime of this case in 2010, and the motive, means and result of the crime of this case, the circumstances after the crime of this case, the defendant's age, character and behavior, family environment, etc. are considered as a whole, and the execution of the sentence is suspended as ordered, but the defendant is subject to probation and is ordered to attend the compliance driving lecture.