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 of the final judgment.

Punishment of the crime

On May 24, 2013, the Defendant was sentenced to a fine of KRW 1.5 million for a crime of violating the Road Traffic Act in the Yeongdeungpo-gu District Court’s territorial support on May 24, 2013, and was sentenced to a fine of KRW 700,000 for the same crime in the same court on September 24, 2009 and violated the provisions of Article 44(1) of the Road Traffic Act (Prohibition of Driving under the influence of alcohol) twice or more.

On August 22, 2013, the Defendant was under the influence of alcohol concentration of 0.134% on blood, and the effect of the driver’s license was suspended. On the road near the Cheongong-gun, Cheongbuk-gun, and on the road near the west-gun, the Defendant driven a 1 ton cargo vehicle of approximately 50 kilometers in 1 ton on the west-gun, if the Defendant was under the influence of alcohol concentration of 0.134%.

Summary of Evidence

1. Statement of the police suspect interrogation protocol against the accused;

1. Notification of the results of drinking driving control, and application of each Act and subordinate statutes entered in a license ledger;

1. Relevant provisions of Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (the point of a sound driving) and subparagraph 1 of Article 152 of the Road Traffic Act and Articles 152 and 43 of the Road Traffic Act;

1. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (the punishment imposed on a violation of the Road Traffic Act of heavier punishment);

1. Selection of imprisonment with prison labor chosen;

1. Article 53 and Article 55(1)3 of the Criminal Act for discretionary mitigation ( Taking into account the favorable conditions of sentencing among the following reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following factors are repeatedly taken into account for sentencing);

1. The reason for sentencing under Article 62-2 of the Criminal Act on September 24, 2009 is that the defendant was sentenced to a fine of KRW 700,000 for the crime of violating the Road Traffic Act on September 24, 2009, and a fine of KRW 1.5 million for the crime of violating the Road Traffic Act on May 24, 2013.

On the other hand, there is no criminal defendant sentenced to a fine heavier than a fine, and it is against the crime of this case, and it did not cause a traffic accident in the course of drinking driving.

Various above-mentioned events.