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

1. On September 10, 2014, at around 22:14, the Defendant driven B Poter truck under the influence of alcohol content of about 0.142% at a section of about 500 meters, from the front of the 77 Poter’s parking lot near the 77 Poter Station located in Eunpyeong-gu, Seoul Special Metropolitan City, Gyeonggi-do, to the front road near the 77 Mapo-si located in the same Ri.

2. On July 19, 2012, the Defendant issued a summary order of KRW 1,50,000 to a fine for a violation of the Road Traffic Act (driving) at the District Court of the Republic of Korea on July 19, 2012, and carried out drinking driving as stated in paragraph 1.

On November 2, 2014, at around 01:10, the Defendant driven B cargo vehicle while under the influence of alcohol content of about 0.159% from the 1km section to the road located in about 794 in the same page from the front of the Defendant’s house located in the Iron-gun, Gangwon-do.

Accordingly, the Defendant, who violated the prohibition of driving under the influence of alcohol not less than twice, was driving a motor vehicle under the influence of alcohol again.

Summary of Evidence

1. Defendant's legal statement;

1. Inquiry into the results of the control of drinking driving;

1. Previous convictions: Application of Acts and subordinate statutes concerning criminal records;

1. Relevant provisions of Article 148-2 (2) 2, Articles 44 (1) (the point of driving under the influence of alcohol on the market), 148-2 (1) 1, and 44 (1) (the point of driving under the influence of alcohol on the market at the time of market) of the Road Traffic Act concerning criminal facts;

1. Selection of each sentence of imprisonment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

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

1. The reasons for sentencing the proviso of Article 62-2(1) and the proviso of Article 62-2(2) of the Criminal Act on probation and lecture attendance order shall be taken into account that the accused has driven more than twice during a short period of time and that the accused has no previous record of driving, but the previous records of driving shall be determined by taking into account that all of the fines were fines