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

On June 24, 2016, at around 19:20, the Defendant driven B cargo vehicles under the influence of alcohol with a blood alcohol concentration of 0.247% from the 1km section to the direction of “Yan Sea” located in the same Eup/Myeon, from the dry field near the field of paddy-gu in the Gyeonggi-do.

Summary of Evidence

1. Defendant's legal statement;

1. The application of Acts and subordinate statutes to a report on the control of drinking driving and the status of drinking drivers;

1. Relevant Article 148-2 (2) 1 and Article 44 (1) of the Road Traffic Act concerning the facts constituting the crime;

1. Selection of imprisonment with prison labor chosen;

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

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

1. The reason for sentencing in Article 62-2 of the Criminal Act is a convenient means of transportation. However, since it is a dangerous article that can be inferred by a dangerous weapon, a person who operates an automobile is obliged to obtain a license and operate an automobile with due care in normal conditions.

In particular, drinking driving may lead to large accidents by driving under a state where the ability to exercise due diligence and physical exercise has been significantly deteriorated, and it is highly dangerous as it may cause serious harm to unspecified persons.

Although the defendant had already been punished several times due to drinking driving, the driving of the instant case was conducted, and the blood alcohol concentration is very high, the circumstances are disadvantageous.

However, the sentencing conditions indicated in pleadings, such as the defendant's age, character and conduct, environment, motive, means and consequence of the crime, etc., are equally considered and the punishment is determined like the order.