A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Punishment of the crime

On November 29, 2006, the Defendant was sentenced to a suspended sentence of two years for 6 months due to a violation of road traffic law in the Daegu District Court Kimcheon, etc. On August 29, 2013, the Defendant was sentenced to a suspended sentence of two years. On August 29, 2013, the same court received a summary order of a fine of three million won or more due to a violation of road traffic law (driving), and driving a B-type truck under the influence of 0.124% of alcohol concentration in the former parking lot around 16:35 August 29, 2016.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Fact-finding reports on drivers of drinking alcohol and inquiry into the results of crackdown on drinking alcohol;

1. Previous convictions in judgment: Application of an inquiry letter, such as criminal history, and an investigation report (verification of suspect's drinking records at least twice the same time);

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act applicable to the facts constituting an offense;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing under Article 62-2 of the Criminal Act of the order to attend a lecture is that the Defendant committed the instant crime without being aware of the fact that he/she was punished five times by a fine due to the same kind of crime of drinking or non-licensed driving, and that the current Road Traffic Act provides that a more severe punishment should be imposed in the case of a person who violated the provision prohibiting drinking at least two times. In light of the fact that the Defendant’s strict punishment and the current Road Traffic Act requires the enhancement of awareness of the criminal acts of drinking alcohol at the time of the instant crime, the actual traffic accident occurred at the time of the instant crime, and the Defendant’s blood alcohol concentration high at the time of the instant crime, etc. are disadvantageous to the Defendant.

On the other hand, the defendant would not recognize and repeat the crime.

They are favorable to the defendant.

In addition, the sentencing conditions specified in the argument of this case, such as the defendant's age, sex, environment, and circumstances before and after the crime, are considered.