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

Punishment of the crime

[criminal power] The Defendant, at the Jeonju District Court on August 22, 2006, issued a summary order of KRW 1 million for a crime of violation of the Road Traffic Act; on November 10, 2010, a fine of KRW 2.5 million for the same crime in the same court; and on February 1, 2012, the Defendant had the record of being sentenced to a fine of KRW 3 million for the same crime in the same court.

【Criminal Facts】

On May 31, 2016, at around 23:10, the Defendant driven a B-be truck under the influence of alcohol content of approximately 0.071% in a section of about 300 meters from the street in front of a mutually influent restaurant to the front of the modern apartment in the same Dong from the day on which the Defendant was under the influence of alcohol level of 0.071%.

Accordingly, even though the Defendant violated the prohibition of drunk driving more than twice, the Defendant once again driven the said vehicle while under the influence of alcohol.

Summary of Evidence

1. Defendant's legal statement;

1. Reporting on detection of suspected victims of violation of the Road Traffic Act;

1. Notification of the control results of drinking driving, and report on the circumstantial statement of a drinking driver;

1. Previous records: Criminal records and other inquiries, and the application of Acts and subordinate statutes to investigation reports (report on the same type of suspect records);

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the choice of punishment, and the choice of imprisonment;

1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation ( normal consideration in favor of the accused among the reasons for sentencing below);

1. Article 62 (1) of the Criminal Act on the suspension of execution ( repeatedly considering the grounds for discretionary mitigation);

1. Reasons for sentencing under Article 62-2 of the Criminal Act - Reasons for sentencing, community service, and lecture attendance order - Circumstances unfavorable to the defendant: The circumstances favorable to the defendant include three times the same kind of criminal records and circumstances that are unfavorable to the defendant - The court shall reflect errors or have no criminal records of suspension of execution or more than