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 two years from the date this judgment becomes final and conclusive.

Punishment of the crime

On October 12, 2006, the Defendant was sentenced to a suspended sentence of two years by imprisonment with prison labor for a crime of violating the Road Traffic Act, etc. at the Jeonju District Court on October 12, 2006, and on March 25, 201, issued a summary order of 2.5 million won by the same court as a fine for the same crime.

On August 28, 2016, around 01:55, the Defendant driven a bwing-III truck with a blood alcohol concentration of about 0.122% under the influence of alcohol level 0.12% from the 2km section from the front of the restaurant in the name of “dum Yag” located in the Tri-si, Kim Jong-si, to the front of the Dondong road located in the same side of the road.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the situation of driving at home and report on the voluntary driving at home;

1. Inquiry into the results of the control of drinking driving, the report on the circumstantial statements of drinking drivers, and the notification of the results of the control of drinking driving;

1. Suppression photographs;

1. Previous records of judgment: Application of inquiries, such as criminal records, investigation reports (a written inquiry and a copy of summary order) Acts and subordinate statutes;

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

1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation ( normal consideration in favor of the accused among the reasons for sentencing below);

1. Article 62 (1) of the Criminal Act on the suspension of execution ( repeatedly considering the grounds for discretionary mitigation);

1. Reasons for the sentencing of Article 62-2 of the Criminal Act – Reasons for the sentencing of probation, community service, and lecture attendance order to the accused - Circumstances unfavorable to the accused: A total of three times including the previous sentence and one suspended sentence, and the depth of the main sentence (0.122% in blood alcohol concentration) - The normal conditions favorable to the accused: Serious reflectness, ten years after the previous sentence of the same suspended sentence - Other comprehensive conditions for the sentencing prescribed in Article 51 of the Criminal Act;