A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Punishment of the crime

On October 5, 2012, the Defendant was sentenced to a fine of KRW 4 million for a violation of the Road Traffic Act (driving) at the Jung-gu District Court on October 5, 2012, and a fine of KRW 3 million for the same crime at the same court on June 11, 2013.

On June 12, 2014, at around 23:22, the Defendant driven C Poter in the drunken state with a blood alcohol concentration of 0.166%, without obtaining a driver’s license, from around 1km in about 97-6, the same longitude from the front side of the Mang-dong, Mari-si, to the Gyeongdo-si, Gyeongsi-si, the Defendant driven C Poter truck with a blood alcohol concentration of 0.16%.

Accordingly, the defendant, who violated Article 44 (1) of the Road Traffic Act not less than twice, driven a motor vehicle while under the influence of alcohol.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. Inquiry into the result of the crackdown on drinking driving;

1. The driver's license ledger;

1. Previous convictions in judgment: Application of Acts and subordinate statutes concerning criminal records and investigation reports;

1. Relevant provisions of Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act, subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act concerning facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. The sentence of suspended sentence under Article 62(1) of the Criminal Act is to be imposed in a lump sum, considering that the defendant, who had been punished for drunk driving twice from 2012, once again, committed a crime for drunk driving, and the previous two times, was punished by a fine, and thus, the defendant was sentenced to suspended sentence.