A defendant shall be punished by imprisonment for four months.

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

Criminal facts

[criminal power] On February 15, 2007, the Defendant was sentenced to a fine of one million won for a violation of the Road Traffic Act (driving) at the Jung-gu District Court on February 15, 2007, and a fine of one million won for the same crime at the Seoul East East District Court on April 5, 2009.

【Criminal Facts】

At around 12:00 on January 26, 2014, the Defendant driven B-wing truck at a section of about 5km from the front to the front road of the 8750 unit after the Gyeonggi-do New Document, in a state of alcohol alcohol concentration of 0.251%.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the control of drinking driving, report on the state of the driving of drinking alcohol, and report on the results of the control of drinking alcohol;

1. Previous convictions in judgment: Application of Acts and subordinate statutes by inquiry and inquiry;

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 ( normal consideration in favor of the defendant among the grounds for discretionary mitigation);

1. Article 62 (1) of the Criminal Act on the suspension of execution ( normal conditions favorable to the defendant among the reasons for the suspension of execution);

1. Although the reason for sentencing under Article 62-2(1) of the Criminal Code of the Order to Attend a lecture had a record of being sentenced to a fine due to the crime of drunk driving in 2007 and twice in 2009, the sentence as ordered is determined by taking into account the following factors: (a) the Defendant had a record of being sentenced to a punishment due to the crime of drunk driving again while driving a motor vehicle; (b) the Defendant has shown an attitude of being imprudented by mistake; (c) the Defendant has no record of criminal punishment exceeding the fine; and (d) other Defendant’s age, character and conduct, the background and consequence of the instant crime; and (c)