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 this judgment becomes final and conclusive.

Punishment of the crime

On November 28, 2012, at around 14:08, the Defendant operated Gpoter 2 freight cars owned by the Defendant’s own F from the front day of the native house in the Gpool C to the front road located approximately KRW 300 meters away from D, while under the influence of alcohol by 0.250% of the blood alcohol concentration.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to reports on the status of drivers, and reports on the status of drivers;

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

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

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

1. The reason for sentencing under Article 62-2 of the Criminal Act, Article 59 of the Act on Probation, etc. [the scope of applicable sentences] was 6 months to 1 year and June 2, 2000. The current Road Traffic Act, unlike the previous ones, has been punished by distinguishing the blood alcohol concentration of a drinking driver for the purpose of preventing the harmful effects of the drinking driving which threatens the safety of road traffic and overcoming awareness of such effects. The punishment for the drinking driving was strengthened by providing that the person under whose blood alcohol content is above 0.2%, shall be sentenced to imprisonment with prison labor for not less than 1 year but not more than 3 years, but not more than 10 million won, and that the person under whose drinking alcohol level (0.250%) was considerably heavy at the time of the crime of this case, and that prior to the crime of this case, the defendant was punished for the drinking driving for four times more than 20 years, and that it was sentenced to a fine not only 1.21 August 21, 2003.