A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Punishment of the crime

On March 14, 2008, the Defendant was issued a summary order of KRW 2 million for a crime of violating the Road Traffic Act, and a fine of KRW 2 million for a crime of violating the Road Traffic Act from the same support on March 6, 2009.

피고인은 2015. 5. 19. 15:25경 전남 영암군 삼호읍 녹색로에 있는 비닐하우스 앞 도로에서부터 전남 영암군 삼호읍 대불주거로에 있는 퀸스빌아파트 앞 도로까지 약 3km 구간에서 혈중알콜농도 0.070%의 술에 취한 상태로 B 포터 화물차를 운전하였다.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control of drinking driving;

1. An inquiry report;

1. Application of Acts and subordinate statutes of the investigation report (a copy of the summary order, etc. of the same kind of power);

1. Relevant Article of the Act on Criminal facts and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act which choose the penalty;

1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (hereinafter referred to as the following grounds for sentencing);

1. Article 62 (1) of the Criminal Act (Consideration of sentencing)

1. Probation and community service order under Article 62-2 of the Criminal Act are to select a sentence of imprisonment in light of the fact that the defendant has been punished five times as a fine due to drunk driving;

However, in light of the fact that the defendant's mistake is recognized and against the defendant, the blood alcohol concentration level is not high, there is no history of criminal punishment exceeding a fine, there is no history of criminal punishment after 2009, and considering the defendant's age, character and conduct, the punishment against the defendant is mitigated, and the execution of the sentence is suspended on condition of probation.