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 power] On May 31, 201, the Defendant was sentenced to the suspension of the execution of six months with labor for a violation of the Road Traffic Act at the Suwon District Court on the grounds of a violation of the Road Traffic Act, etc. On September 24, 2010, the Defendant issued a summary order of KRW 2 million with a fine for a violation of the Road Traffic Act, and on November 21, 2008, a summary order of KRW 1.5 million with the same support was issued, respectively.

【Criminal Facts】

At around 21:40 on October 16, 2013, the Defendant driven C truck at a section of approximately 500 meters from the front of a cafeteria in the mutual influence of Pyeongtaek-si to the front of the Mangyh class in the same Ri, while under the influence of alcohol content of 0.148%.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the situation of driving under the influence of alcohol, report on the status of driving under the influence of alcohol, and inquiry into the results of the control of drinking under the influence of alcohol;

1. Before judgment: Application of Acts and subordinate statutes concerning criminal records and investigation reports;

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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. Since the Defendant was punished for a probation and community service order under Article 62-2 of the Criminal Act including a suspended sentence due to drinking driving, etc., as stated in the judgment of the court below, he/she had been driving under the influence of alcohol again, there is a need to punish him/her accordingly.

However, a suspended sentence shall be imposed only once in consideration of the fact that the defendant is recognized as committing an offense, the fact that the defendant does not repeat again by means of employing drivers, etc., and the family relationship, etc. of the defendant who must support his/her mother, etc., but considering the aforementioned sentencing factors, the probation and long-term community service order shall be imposed as ordered.