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A defendant shall be punished by imprisonment with prison labor for up to 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.
Reasons
Punishment of the crime
On June 26, 2008, the Defendant was sentenced to six months of imprisonment with prison labor for a violation of the Road Traffic Act (drinking driving), and on August 23, 2012, at the same court issued a summary order of KRW 1.5 million for the same crime, and was punished twice or more for a violation of the Road Traffic Act (drinking driving).
On February 14, 2016, the Defendant driven a B-wing truck with alcohol level of about 0.149% under the influence of alcohol level of about 4 km from the front side of the Hongcheon Net, which is in the front side of the same military, to the front side of the road in front of the tunnel, at approximately 0.149%.
Summary of Evidence
1. Statement by the defendant in court;
1. Notification of the results of regulating the driving of alcohol, and a written appraisal of alcohol during blood transfusion;
1. A survey report on actual conditions;
1. Previous convictions in judgment: Application of written inquiries about criminal history and other Acts and subordinate statutes;
1. Relevant legal provisions concerning criminal facts, Articles 148-2 (1) 1 and 44-2 (1) of the Road Traffic Act, the choice of imprisonment for a crime (including the fact that a person commits the instant drinking, even though there are many criminal records of the same kind of crime, the person committed the instant drinking while having been sentenced to a criminal punishment for the same kind of crime, and the fact that the blood alcohol concentration is relatively high);
1. Articles 53 and 55 (1) 3 of the Criminal Act (including the fact that his/her mistake is recognized and that he/she reflects it, etc.);
1. Article 62 (1) of the Criminal Act on the suspension of execution (resumed grounds for reduction of the amount of punishment);
1. Article 62-2 of the Criminal Act concerning community service and order to attend lectures;