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 April 20, 201, the Defendant received a summary order of KRW 2 million from the Suwon District Court to a fine for a violation of the Road Traffic Act, and a summary order of KRW 5 million from the Suwon District Court to a fine for a violation of the Road Traffic Act on June 27, 2012, respectively.

On April 20, 2014, the Defendant, as a person who violated Article 44(1) of the Road Traffic Act two or more times, driven B Poter trucks under the influence of alcohol by 0.256% in a section of approximately 1.5km from the front of the wife population, Kim Quantity apartment, Gambun apartment, Gambun apartment, and the front road of the same Permitted Elementary School.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the actual status of a host driver;

1. Previouss before ruling: Application of criminal records, inquiry reports, and investigation reports (the records of violation of Article 44 (1) of the Road Traffic Act);

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 (see, e.g., the reflective fact, and the fact that there is no record of punishment heavier than a suspended sentence due to the same kind of crime);

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

1. The main sentence of Article 62-2 (1) and the main sentence of Article 62-2 (2) of the Criminal Act;