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 December 10, 2008, the Defendant received a summary order of KRW 1,00,000 as a fine for a violation of the Road Traffic Act from the Jung-gu District Court on December 10, 2008. On February 21, 2014, the Defendant received a summary order of KRW 1,50,000 as a fine for a violation of the Road Traffic Act at the Jung-gu District Court.

Criminal facts

On October 4, 2016, at around 20:40, the Defendant driven B-III truck with a blood alcohol concentration of about 0.080% under the influence of alcohol level 0.080% at a section of about 100 meters from around the 100-meter radius around the Gyeong-gu Gamsan Domsan Domsan Domdong, Gyeong-gun Do.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the state of driving under the influence of alcohol and report on the control of drinking driving;

1. Previous records: Application of inquiry reports and investigation reports, including criminal records, and Acts and subordinate statutes;

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. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

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

1. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act: The circumstances favorable to the defendant who was punished twice due to drinking driving: The defendant recognized the crime of this case and seriously reflects the defendant; there is no record of punishment exceeding the fine for the same kind of crime; the degree of blood alcohol in this case is relatively low and the driving distance is relatively short; and the defendant's age, character and behavior, the environment, the means and consequence of the crime, and the circumstances after the crime, etc. shall be determined as ordered by taking into account the various factors of sentencing specified in the arguments of this case, such as the defendant's age, character and behavior;