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

On December 18, 2009, the Defendant was sentenced to a fine of two million won by the same court as a crime of violation of the Road Traffic Act (driving) and was sentenced to a fine of one million won by the same court on February 16, 2007.

피고인은 2012. 12. 30. 21:00경 충주시 호암동에 있는 진도아파트 앞 도로에서부터 같은 동 우륵당 앞 도로에 이르기까지 약 1km 구간에서 혈중알콜농도 0.250%의 술에 취한 상태로 B 그레이스 화물차를 운전하였다.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Statement of the status of the driver;

1. Application of statutes to inquiries about criminal records, etc.;

1. Relevant Article of the Act on Criminal facts and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act which choose the penalty;

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

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

1. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act: The defendant committed again the crime of this case even though he had a previous record of drinking driving several times, the danger of drinking driving, and the purpose of the revision of the Road Traffic Act to strengthen the punishment for drunk driving: considering the defendant's age, character and behavior, occupation, family environment, etc., and other circumstances, which reflect the defendant's crime, and are the conditions for sentencing indicated in the records;