A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Punishment of the crime

On November 7, 2007, the Defendant was sentenced to a fine of 4 million won due to a violation of the Road Traffic Act (driving) at the Incheon District Court on November 7, 2007, and a fine of 2 million won by the same court on April 4, 2011.

On April 22, 2014, at around 00:01, the Defendant driven B Poter truck under the influence of alcohol content of about 0.174% at the section of about 1km from the 1km to the road in front of the Handogin-ro 372-ro, Gyeyang-gu, Incheon Metropolitan City, where it is impossible to identify the trade name on the offline of the offline in which it is impossible to identify.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statements of the driver, report on the circumstances of driving under the influence of alcohol, and inquiry into the results of crackdown on driving under the influence of alcohol;

1. Application of Acts and subordinate statutes to criminal records, inquiry reports, and investigation reports (verification of records of drinking driving not less than twice);

1. Relevant Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act concerning the facts constituting the crime.

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act. Article 55 (1) 3 of the Criminal Act

1. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act;

1. The scope of applicable sentences under Acts: Imprisonment for not less than six months up to one year and six months; and

2. Determination of sentence: Imprisonment with prison labor for six months, a stay of execution for two years, a stay of education for 40 hours [free circumstances] or more without criminal records of a stay of execution for a period of 40 hours, a serious reflect [unfair circumstances] from around 2003 to the violation of the Road Traffic Act (driving without a license) and two times the history of the violation of the Road Traffic Act (driving without a license). The highest blood alcohol content (0.174%) of this case.