A defendant shall be punished by imprisonment for not more than ten 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 September 8, 2006, the Defendant issued a summary order of one million won or more as a crime of violating the Road Traffic Act at the Gangnam Branch Branch of the Chuncheon District Court on September 8, 2006, and a summary order of 1.5 million won or more as a crime of violating the Road Traffic Act at the same court on January 28, 2009.

On August 29, 2014, at around 21:58, the Defendant driven B cargo vehicles under the influence of alcohol concentration of approximately 200 meters at the distance of 0.116% from the “supunching soup suping site” parking lot located in Gangseo-si, Yung-si, Yung-si, to the front corner of “Gangbukpying Sports Center” located in the same Ri.

Accordingly, the Defendant, who violated the prohibition of driving at least twice under the influence of alcohol, was driving a motor vehicle again under the influence of alcohol.

Summary of Evidence

1. Defendant's legal statement;

1. Making a report on the state of drinking drivers, and making the results of the control of drinking driving;

1. Previous records: Application of inquiry reports and investigation reports (formers and confirmations) and statutes, including criminal records;

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 work and mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (see, e.g., Supreme Court Decision 201Da1548, Apr. 1, 201);

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

1. An order to attend a course is rendered for not less than Article 62-2 of the Criminal Act;