A defendant shall be punished by imprisonment for not less than eight 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 record] On February 5, 2003, the Defendant was issued a summary order of KRW 700,000 for a fine of KRW 1 million for a crime of violation of the Road Traffic Act, from the same support to the same crime on February 2, 2009, and a summary order of KRW 2 million for the same crime from the same support on November 12, 2010, respectively.

[Criminal Facts of crime] On August 21, 2015, the Defendant driven a 1 ton cargo vehicle B while under the influence of alcohol with approximately KRW 5km alcohol level 0.138% in the section of 5km from the front of the restaurant to the front of the return intersection located in the same return road.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the crackdown on drinking driving, a written statement of control, a written report on the proper driving of a drinking driver, and a written report on the actual status of a drinking driver;

1. Previous records before ruling: Application of criminal records, inquiry reports, and investigation reports (three-time confirmations of sound records) 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. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (see, e.g., Supreme Court Decision 2007Da1448, Apr. 2

1. Article 62 (1) of the Criminal Act (The following factors favorable to the accused among the reasons for sentencing);

1. The reason for sentencing under Article 62-2 of the Criminal Act and Articles 59 and 62 of the Act on Probation, etc., even though the Defendant had a record of criminal punishment of a fine on three occasions due to the same crime, he/she driven in the same state and caused potential risks to road traffic safety.

Considering these circumstances, it is inevitable for the defendant to choose imprisonment with prison labor.

The above circumstances and the defendant show a confession and reflect form, and again, the defendant's age, occupation, background of the crime, driving distance from the crime of this case, circumstances after the crime, etc.