A defendant shall be punished by imprisonment for not more than ten 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

[criminal history] On February 28, 2007, the Defendant was sentenced to a suspended sentence of 8 months for a crime of violating the Road Traffic Act (drinking) in the support of the Chungcheong District Court of Chungcheongju on February 28, 2007. On June 24, 201, the Defendant was sentenced to a suspended sentence of 3 million won for a crime of violating the Road Traffic Act (drinking) in the same court.

[2] On December 4, 2015, at around 14:40 on December 4, 2015, the Defendant driven a B-wing and 3 Poter cargo vehicle under the influence of alcohol level of about 0.313% in a section of approximately 3km from the front of a soft file to the front of the same Eup/Myeon located in the same Eup/Myeon.

Summary of Evidence

1. Statement by the defendant in court;

1. Photographs related to drinking;

1. Inquiries about the results of crackdown on driving of drinking, reports on the circumstances of the driver of drinking, and notification of the results of crackdown on driving of drinking;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, and a report on investigation (to be bound with summary orders, etc. for crimes of the same kind);

1. Relevant Article of the Act and Articles 148-2 (1) 1 and 44 (1) (Selection of Imprisonment) of the Road Traffic Act concerning 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. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act: The defendant committed the instant crime in spite of the fact that he/she had been punished several times for the same kind of crime; circumstances favorable to the defendant's blood alcohol concentration at the time of the instant crime: The defendant all recognized the instant crime; the defendant supporting his/her mother; the defendant has been finally punished for driving alcohol; considerable time has elapsed since the above circumstances and the defendant's age, sex behavior, environment, circumstances, means and consequence of the instant crime; and the circumstances after the crime are considered.