A defendant shall be punished by imprisonment for 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

On July 28, 2008, the Defendant was issued a summary order of two million won or more for a crime of violating the Road Traffic Act at the Busan District Court on July 28, 2008, and two million won or more for the same crime at the above court on May 1, 2012.

On December 21, 2016, the Defendant driven B truck under the influence of alcohol content of about 0.122% from a 300-meter section from the front road of the second apartment to the front road of the original Dong located in the same Dong with the inside of the city of Busan around 22:30 on December 21, 2016.

Accordingly, the Defendant, who violated Article 44(1) of the Road Traffic Act not less than twice, driven a motor vehicle under the influence of alcohol again.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

1. Previous convictions: The application of a reply to inquiry, such as criminal history, each disposition, previous convictions and results confirmations, to reported 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 (i.e., reflective facts and no record of punishment exceeding a fine) of the mitigated amount;

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

1. An order to attend a course under Article 62-2 of the Criminal Act;