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 March 25, 2016, the Defendant driven B Rab truck under the influence of alcohol content of 0.130% in alcohol, from around 10:00 to the roads near west-west, west-si, west-dong, Seoul Tool-dong, to the roads near west-dong in the same city.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to make a statement on the circumstances of a driver driving and the results of crackdown on drinking driving;

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

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. The reason for sentencing under Article 62-2 of the Criminal Act is that the Defendant again committed the instant crime despite the fact that he/she had been punished twice due to a violation of the Road Traffic Act (e.g., refusal of drinking), and that the blood alcohol concentration at the time of driving the instant drinking is relatively high is a reason for sentencing unfavorable to the Defendant.

However, in light of the favorable reasons for sentencing, such as the fact that the defendant does not drive drinking again, and other favorable reasons for sentencing, such as the defendant's age, sex, motive, means and consequence of the crime, the sentence like the order shall be imposed in consideration of the sentencing conditions stipulated in Article 51 of the Criminal Act, such as the circumstances after the crime.