A defendant shall be punished by imprisonment for 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

On January 4, 2007, the Defendant issued a summary order of KRW 1.5 million for a crime of violation of the Road Traffic Act, and on February 5, 2007, the same court issued a summary order of KRW 4 million for a crime of violation of the Road Traffic Act. On October 21, 2009, the same court issued a summary order of KRW 3 million for a crime of violation of the Road Traffic Act. On August 23, 201, the Defendant was sentenced to imprisonment of KRW 8 months and suspended execution for a crime of violation of the Road Traffic Act.

On August 12, 2014, around 20:30 on August 20, 2014, the Defendant driven a D-wing truck under the influence of alcohol leveling 0.144% of alcohol level from approximately 13 kilometers of approximately 13 kilometers from the roads located in the Iron-gun, Gangwon-do to the roads in front of the “Electric Industrial Complex” located in the same Eup.

Accordingly, the Defendant, who violated the prohibition of driving under the influence of alcohol not less than twice, was driving a motor vehicle under the influence of alcohol again.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. A report on detection of a host driver and a circumstantial report on the host driver;

1. Before judgment: References to criminal records and the application of Acts and subordinate statutes to criminal investigation reports (report on criminal records);

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. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act ( Taking into account the following favorable circumstances:

1. Article 62 (1) of the Criminal Act (including the following favorable circumstances, etc.):

1. The reason for sentencing under Article 62-2 of the Criminal Act and Article 59 of the Probation Act is that the defendant continues to engage in drinking and is likely to repeat the crime even though he/she has been sentenced to a fine or imprisonment for the same kind of crime, and has a high degree of blood alcohol concentration of the defendant at the time of driving under the influence of alcohol in this case.