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 August 30, 2016, the Defendant was under the influence of alcohol of 0.108% with blood alcohol concentration around 21:02, and the Defendant was driving a C Poter truck at a level of 400 meters from the road near the Defendant’s residence in Jeju Island to the front of the Searenck in Jeju Island 7577 (Haaking).

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. Application of Acts and subordinate statutes to a report on the state of driving under the influence of alcohol and the control of drinking driving (seven pages of investigation records);

1. Relevant Article of the Act and Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. The reason for sentencing under Article 62-2 of the Criminal Act is that the Defendant committed the instant crime by drinking alcohol even though he/she had a record of being punished four times by a fine due to the crime of drinking alcohol in the past. In light of the fact that the Defendant’s blood alcohol concentration at the time of the instant crime is high, it is necessary to strictly punish the Defendant.

However, in light of the fact that the defendant led to the crime of this case, the defendant did not have any record of the crime other than the above four times of fine, the sentencing precedent in similar cases, the defendant's age, character and conduct, environment, circumstances after the crime, and other various sentencing conditions as shown in the records and arguments of this case, the punishment shall be determined as ordered.